A  MODEL  HOUSING 
LAW 


A  MODEL  HOUSING 
LAW 


BY 

LAWRENCE  VEILLER 

AUTHOR  OF  "HOUSING  REFORM,"  "A  MODEL  TENEMENT 
HOUSE  LAW,"  ETC. 


REVISED     EDITION 


NEW    YORK 

RUSSELL  SAGE  FOUNDATION 
1920 


=•»> 


Copyright,  19.14,  by 
THE  RUSSELL  SAGE  FOUNDATION 

Revised  edition  copyrighted,  1920,  by 
THE  RUSSELL  SAGE  FOUNDATION 


,WM  •  F.  F^LLL  CO  •  PRINTERS 
'  PjifvADELPHIA 


PREFACE  TO  SECOND  EDITION 

SINCE  the  Model  Housing  Law  was  published  five  years  ago, 
much  has  happened  in  America  in  the  world  of  housing.    A 
number  of  states  and  cities  have  passed  housing  legislation 
based  upon  the  Model  Housing  Law.     The  experience  of  these 
states  and  communities  in  adapting  the  Model  Housing  Law  to 
their  local  needs  and  conditions,  has  developed  as  it  naturally 
would  some  weak  spots  and  difficulties  in  the  Model  Law.     For 
this  reason  it  is  believed  that  a  new  edition  of  this  book  is  neces- 
sary, the  first  edition  having  been  exhausted  for  over  a  year. 

When  the  Model  Housing  Law  was  published  in  1914  it  was 
a  pioneer  effort.  There  were  practically  no  housing  laws  of  any 
kind  in  the  country.  There  were  only  tenement  house  laws  and 
those  based  on  New  York  City's  experience.  New  York  City  is 
absolutely  sui  generis.  The  conditions  which  prevail  there  do  not 
prevail  generally  throughout  the  United  States,  and  laws  that  are 
suited  to  the  peculiar  conditions  that  exist  in  New  York  City  are 
quite  unsuitable  for  most  of  our  American  cities.  The  types  of 
dwellings  which  exist  throughout  the  country  are  not  the  tall  tene- 
ment houses  of  New  York  but  very  different  types. 

This  new  edition,  therefore,  represents  not  only  the  expe- 
rience of  all  the  states  and  cities  in  the  country  which  have  enacted 
housing  laws  since  1914,  but  also  the  experience  as  well  of  the 
author  in  his  capacity  as  Secretary  of  the  National  Housing  Asso- 
ciation in  aiding  in  the  drafting  of  such  laws,  in  adapting  them  to 
local  conditions  and  in  meeting  the. difficulties  that  have  arisen. 

The  coming  into  almost  universal  use  of  the  automobile  has 
brought  with  it  very  difficult  problems  radically  affecting  property 
subdivision  and  building  construction.  It  has  brought  many  of 
the  difficulties  that  have  been  encountered  in  attempting  to  apply 
the  Model  Housing  Law  in  different  states  and  cities. 

v 


416862 


PREFACE    TO    SECOND    EDITION 

The  leading  housing  laws  of  the  country  which  have  been 
based  upon  the  Model  Housing  Law  are  the  following: 

Housing  Code  of  Michigan,  Act  167,  Public  Acts  of  1917. 

This  law  applies  to  every  city  and  organized  village  in  the 
state  having  a  population  of  10,000  or  more.  It  is  a  true  hous- 
ing law  and  applies  to  all  classes  of  dwellings,  namely,  buildings 
in  which  people  live.  The  act  applies  to  some  29  cities  through- 
out the  state. 

Minnesota  Housing  Act,  Chapter  137  of  the  laws  of  1917. 

This  is  a  true  housing  act  affecting  all  classes  of  dwellings, 

but  its  application  is  limited  to  cities  of  the  first  class  not  organized 

under  Section  36  of  Article  4  of  the  State  Constitution;   that  is,  it 

applies  only  to  the  city  of  Minneapolis. 

Iowa.  Housing  Law  of  Iowa,  Chapter  123  of  the  laws  of 
1919.  It  is  a  true  housing  law,  applies  to  all  classes  of  dwellings 
and  affects  all  cities  having  a  population  of  15,000  or  more. 

Also  the  following  laws,  based  upon  its  predecessor  "A 
Model  Tenement  House  Law/' 

Two  acts  in  California  of  1917;  the  Indiana  Laws  of  1913 
and  1917;  the  Kentucky  Act  of  1910;  the  Massachusetts  Act  for 
Towns  of  1912  and  for  cities  of  1913;  the  Pennsylvania  Act  of 
1913. 

At  the  time  of  the  publication  of  this  book  early  in  1920 
housing  laws  based  on  the  Model  Housing  Law  have  been 
proposed  in  the  state  of  Illinois,  the  states  of  Pennsylvania  and 
Rhode  Island  and  in  Massachusetts  for  the  city  of  Boston.  The 
following  cities  have  ordinances  based  on  the  Model  Housing  Law: 
St.  Paul,  Minn.,  Grand  Rapids,  Mich.,  Duluth,  Minn.,  Berkeley, 
Calif.,  Syracuse,  N.  Y.,  Cleveland,  Columbus,  Lansing,  Mich., 
Portland,  Oregon,  and  Salem,  Mass. 

The  first  edition  of  this  book  contained  a  chapter  entitled 
"  A  Model  Tenement  House  Law"  in  which  was  indicated  a  scheme 
by  which  if  a  given  community  felt  that  it  could  not  enact  a  hous- 
ing law  applicable  to  all  classes  of  dwellings,  but  desired  to  enact 
a  tenement  house  law  applying  only  to  tenement  houses,  flats  and 
apartments,  it  might  quickly  and  easily  adapt  the  Model  Housing 
Law  to  such  purpose.  This  chapter  has  been  omitted  from  the 
revised  edition;  for,  no  community  in  the  last  five  years  has  de- 

vi 


PREFACE    TO    SECOND    EDITION 


sired  to  avail  itself  of  this  scheme.  Tenement  House  laws  are  not 
being  proposed.  The  Nation  as  a  whole  recognizes  the  propriety 
of  housing  legislation. 

CHANGES  FROM  THE  FIRST  EDITION 

In  order  that  persons  using  the  Model  Housing  Law,  and 
especially  those  who  have  already  secured  the  enactment  of  hous- 
ing laws,  may  note  quickly  the  changes  that  have  been  made  in 
this  edition  from  the  first  edition  published  five  years  ago,  there 
is  appended  the  following  table  which  shows  by  section  number 
the  changes  that  have  been  made.  This  uses  the  first  edition  as 
the  base  and  indicates  by  the  corresponding  section  number  in 
the  new  or  present  edition  where  the  section  number  is  changed. 
It  also  gives  quick  reference  to  the  page  number  of  both  editions 
and  indicates  in  the  form  of  comments  whether  there  are  material 
changes,  whether  there  are  slight  changes  or  whether  there  are  no 
changes.  Where  sections  are  omitted  this  is  indicated  and  where 
the  sections  are  new  this  is  similarly  indicated. 

SECTIONS  CHANGED  FROM  FIRST  EDITION 


First  Edition 

Present  Edition 

Changes 

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Page  No. 

Section  No. 

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Vll 


PREFACE    TO    SECOND    EDITION 
SECTIONS  CHANGED  FROM  FIRST  EDITION — (Continued) 


First  Edition 

Present  Edition 

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Vlll 


PREFACE   TO   SECOND    EDITION 


THE  SECTION  NUMBERS  ARE  IDENTICAL  FROM  THIS  POINT  ON 


First  Edition 

Present  Edition 

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IX 


PREFACE    TO    SECOND    EDITION 


First  Edition 

Present  Edition 

Changes 

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TABLE  OF  CONTENTS 

PREFACE  TO  SECOND  EDITION        ...... 

I.  HOUSING  REFORM  THROUGH  LEGISLATION  i 

II.  BUILDING  CODES,  TENEMENT  HOUSE  LAWS  AND  HOUS- 

ING LAWS    ......       ....       9 

III.  How  TO  USE  THE  MODEL  LAW   .....  17 

IV.  A  MODEL  HOUSING  LAW      .....       .       .25 

ARTICLE  I 
General  Provisions    ........     27 

ARTICLE  II 
Dwellings  Hereafter  Erected    ......     69 

Title  i  .  Light  and  Ventilation     .....     71 

Title  2.  Sanitation  ........    161 

Title  3.  Fire  Protection        .        .        .        .     .  .       .176 

ARTICLE  III 
Alterations          .........    199 

ARTICLE  LV 
Maintenance      .........  210 

ARTICLE.  V 
Improvements    ........   .        240 

ARTICLE  VI 
Requirements  and  Remedies   ......  262 

V.  WHAT  KINDS  OF  HOUSES  CAN   BE  BUILT  UNDER  THE 

MODEL  LAW?     .........  291 

VI.  AN  IDEAL  HOUSING  LAW    .......   335 

VII.  THE  STANDARDS  OF  THE  FEDERAL  GOVERNMENT    .       .  341 

VIII.  ZONING  . 


...  ...   383 

xi 


DIAGRAMS 

FIGURE  SECTION  PAGE 

1.  Rear  yards — Methods  of  measurement  .        .        .        .     2  (6)         38 

2.  Rear  yards  of  irregular  depth   ....               .     2  (6)         39 

3.  Rear  yards — Methods  of  measurement — Extensions    .     2  (6)        40 

4.  Rear  yards — Methods  of  measurement — Courts   .        .     2  (6)        40 

5.  Inner  courts .        .     2  (7)        42 

6.  Outer  courts  between  wings      ....                     2  (7)         42 

7.  Outer  courts  on  the  lot  line 2  (7)         42 

8.  Rear  of  the  lot  in  triangular  lots      .        .        .        .        .     2  (9)         44 

9.  Rear  of  the  lot  with  entrance  at  side      .        .        .        .     2  (10)        45 

10.  Basements  and  cellars — Varying  grades — Low  at  rear      2(13)         48 

11.  Basements  and  cellars — High  at  rear      .....    2(13)        48 

12.  What  is  a  corner  lot? 20  74 

13.  Neighborhood  treatment  of  yards 22  84 

14.  Yards  of  corner  lots 22  88 

15.  Offsets  to  courts .        .25  115 

1 6.  A  court  carried  down  unlawfully     .        .        .        .        .27  121 

17.  A  lawful  court 27  121 

18.  Intakes  for  inner  courts 27  118 

19.  Cutting  off  the  corners  of  a  court — Lawful    .        .        .28  124 

20.  Cutting  off  the  corners  of  a  court — Unlawful        .        .28  124 

21.  Space  required  between  buildings 29  128 

22.  Space  between  buildings — Side  by  side  ....   29  129 

23.  Room  with  windows  in  corner — Unlawful  and  Lawful     31  134 

24.  Room  with  furniture  in  it 33  137 

25.  Narrow  servant's  room 33  138 

26.  "Wardrobe  flats" — The  flat  as  approved — Two  rooms  35  144 

27.  "Wardrobe  flats" — The  flat  as  occupied — Four  rooms  35  144 

28.  Privacy — Access  to  water-closets  and  bed  rooms  .        .36  146 

29.  General  toilet  room 37  151 

30.  Hall  lighting — Window  at  end — Lawful.        .        .        .38  154 

31.  Hall  lighting — The  usual  hotel  corridor — Unlawful      .38  154 

32.  Damp  proofing  of  walls  and  floors  .        .        .        .        .44  163 

33.  Pan  and  long  hopper  closets 49  174 

xiii 


DIAGRAMS 

FIGURE                                                                                                                                                              SECTION  PAGE 

34.  Fire  tower 51  183 

35.  New  court  in  an  old  building 73  201 

36.  Spoiling  the  light  of  an  existing  room     .        .        .        .75  203 

37.  Spoiling  the  light  of  an  existing  hallway        .        .        .75  204 

38.  Sash  windows  provided  between  rooms  .        .        .        .120  242 
39-45.  Water-closets  in  place  of  privies        .        .        .        .124  249-255 

46.  A  school-sink 124  257 

Houses  that  Can  Be  Built  Under  the  Model  Law 

47-60.  Detached  houses  on  4o-foot  lots     .        .        .        .        .  307-320 

61-74.  Detached  houses  on  25-foot  lots     .        .        .        .        .  321-334 

68-74.  Continuous  rows  or  terraces  on  25-foot  lots.        .        .  328-334 

47-53.  Two-story  and  attic  detached  houses     ....  307-313 

54-67.  Three-story  and  attic  detached  houses  .        .        .        .  314-327 

68-74.  Three-story  and  attic  houses  in  continuous  rows .        .  328-334 

75.  Ideal  houses — Two  rooms  deep,  with  a  central  park    .        .  .     337 

76.  Residence  districts — One  side  of  block  business    ....     378 


xiv 


I 

HOUSING  REFORM 
THROUGH  LEGISLATION 


I 

HOUSING  REFORM  THROUGH  LEGISLATION 

TO  the  social  reformer  who  believes  that  the  solution  of  the 
housing  problem  is  to  be  found  in  a  change  in  methods  of 
taxation  or  in  a  new  industrial  era  this  book  will  have  but 
little  interest. 

How  delightful  it  would  be  to  be  able  to  believe  that  all  that 
is  needed  to  bring  about  proper  housing  conditions  is  a  change  in 
the  economic  status  of  the  working  people!  That  given  enough 
wages,  slums  would  vanish!  Flying  carpets,  wishing  caps,  and 
magic  philters  have  from  time  immemorial  had  an  indescribable 
charm  for  humanity.  But  alas,  it  is  not  to  be  done  so  easily. 
City  slums  cannot  by  the  wave  of  a  necromancer's  wand  become 
gardens  of  delight. 

The  determination  of  how  best  to  accomplish  housing  reform 
depends  a  good  deal  upon  one's  conception  of  what  the  housing 
problem  is;  before  there  can  be  adequate  discussion  of  the  remedy 
there  must  be  agreement  as  to  the  disease.  Jn  other  words,  we 
must  know  what  we  are  going  to  reform  before  we  attempt  to 
reform  it. 

There  is  great  variety  of  opinion  on  this  subject,  especially 
among  those  to  whom  it  is  a  new  subject.  Some  people  seem  to 
believe  that  the  housing  problem  is  essentially  the  problem  of 
cheap  houses;  as  they  have  expressed  it,  "of  providing  a  home  for 
the  man  who  cannot  afford  to  pay  more  than  $9.00  a  month." 
But  this  is  a  singularly  misleading  and  restricted  view  of  a  large 
and  complicated  question.  It  is  but  one  aspect  of  it.  It  would  be 
as  appropriate  to  say  that  the  problem  of  child  welfare  is  the  pro- 
viding of  milk  at  four  cents  a  quart. 

Another  group,  with  their  eyes  fixed  upon  the  more  crowded 
quarters  of  some  of  the  larger  cities  where  the  problem  of  moving 
back  and  forth  the  vast  throngs  who  journey  from  one  part  of  the 
city  to  another  twice  a  day  is  fraught  with  great  difficulties, 

3 


-  A '\M-ODEL    HOUSING    LAW 

conceive  that  the  housing  problem  is  the  problem  of  rapid  transit, 
and  that  if  cheap  and  effective  rapid  transit  could  be  once  provided 
the  housing  problem  would  be  solved.  This  is  not  a  new  view. 

Still  another  element  believe  that  the  housing  problem  is  the 
problem  of  supplying  a  sufficient  quantity  of  housing  accommoda- 
tions and  that  anything  which  tends  to  encourage  the  building  of 
more  houses  will  solve  the  housing  problem,  the  assumption  being 
that  people  live  under  bad  conditions  simply  because  there  are 
not  enough  houses  to  go  around. 

There  is  truth  in  all  these  views.  Each  one  is  a  factor  in- 
volved in  the  housing  problem,  but  no  one  of  them  can  be  truth- 
fully said  to  constitute  that  problem. 

The  housing  problem  is  the  problem  of  enabling  the  great 
mass  of  the  people  who  want  to  live  in  decent  surroundings  and 
bring  up  their  children  under  proper  conditions  to  have  such  oppor- 
tunities. It  is  also  to  a  very  large  extent  the  problem  of  prevent- 
ing other  people  who  either  do  not  care  for  decent  conditions  or  are 
unable  to  achieve  them  from  maintaining  conditions  which  are  a 
menace  to  their  neighbors,  to  the  community  and  to  civilization. 

If  we  accept  this  view  of  what  constitutes  the  housing  prob- 
lem we  see  that  it  has  many  sides;  that  it  is  not  only  an  economic 
problem,  not  only  a  question  of  supply  and  demand  and  of  furnish- 
ing a  sufficient  quantity  of  homes,  but  that  the  kind  of  home  is  of 
vital  importance.  The  assumption  that  thousands  of  people  live 
under  conditions  such  as  are  found  in  our  large  cities  throughout 
America  because  there  are  no  other  places  in  which  they  can  live 
is  not  borne  out  by  the  facts.  There  is  no  use  in  dodging  the 
question.  We  may  as  well  frankly  admit  that  there  is  a  consider- 
able portion  of  our  population  who  will  live  in  any  kind  of  abode 
that  they  can  get  irrespective  of  how  unhygienic  it  may  be. 

Housing  reform  is  to  be  sought  in  many  ways,  but  chiefly 
through  the  enforcement  of  wise  laws;  laws  which  will  regulate  the 
kind  of  houses  that  may  be  built,  will  compel  the  improvement  of 
the  older  buildings  as  they  fall  into  disuse,  and  will  require  all 
buildings  in  which  human  beings  live  to  be  kept  in  a  sanitary  and 
safe  condition. 

But  legislation  is  not  the  only  way.  Much  must  be  done 
through  education, — education  of  both  tenant  and  landlord,  and 

4 


HOUSING    REFORM    THROUGH    LEGISLATION 

even  of  the  community  itself.     The  force  of  example  some  think 
will  do  much,  but  thus  far  that  expectation  has  not  been  realized. 

Considerable  also  can  be  accomplished  by  wise  management; 
by  the  building  of  houses  of  a  more  attractive  type;  by  encourag- 
ing the  development  of  Garden  Cities;  by  stimulating  those  who 
like  country  life  to  live  in  the  country  or  in  the  suburbs;  by  im- 
proved transit,  thus  making  it  easier  for  men  to  live  out  of  town 
and  journey  to  their  work;  and  especially  by  the  intelligent  plan- 
ning of  towns  and  cities. 

But  what  makes  any  of  us  take  up  housing  reform  is  not 
primarily  the  desire  to  see  any  of  these  things  brought  about,  but 
the  insistent  demand  made  by  our  consciences  for  the  abolition  of 
the  slum. 

We  all  of  us  believe  that  the  conditions  under  which  thou- 
sands of  our  fellow  citizens  live  are  wrong  and  a  mockery  on  civili- 
zation, and  to  many  of  us  the  continuance  of  such  conditions  seems 
fraught  with  menace  to  our  institutions.  That  the  people  them- 
selves often  have  created  the  very  conditions  from  which  they  suffer 
does  not  alter  the  situation.  The  conditions  are  there  and  must 
be  dealt  with.  The  one  thing  that  we  are  all  agreed  upon  is  that 
we  cannot  afford  to  neglect  them. 

The  housing  problem  is  therefore  essentially  the  problem  of 
preventing  people  from  maintaining  conditions  which  are  a  menace 
to  their  neighbors  or  to  the  community. 

Housing  evils  as  we  know  them  today  are  to  be  found  in 
dangerous  and  disease-breeding  privy  vaults,  in  lack  of  water 
supply,  in  dark  rooms,  in  filthy  and  foul  alleys,  in  damp  cellars,  in 
basement  living  rooms,  in  conditions  of  filth,  in  inadequate  methods 
of  disposal  of  waste,  in  fly-borne  disease,  in  cramped  and  crowded 
quarters,  in  promiscuity,  in  lack  of  privacy,  in  buildings  of  undue 
height,  in  inadequate  fire  protection,  in  the  crowding  of  buildings 
too  close  to  each  other,  in  the  too  intensive  use  of  land. 

How  are  these  manifold  evils  to  be  remedied?  Legislation 
thus  far  has  proved  to  be  the  most  effective  remedy.  The  only 
way  that  we  know  of  by  which  such  conditions  can  be  ended  is 
through  the  enactment  of  laws  which  will  compel  the  removal  of 
these  evils  and  the  substitution  of  right  conditions.  This  is  not 
theory  but  the  result  of  the  experience  of  many  cities. 

5 


A    MODEL    HOUSING    LAW 

Legislation  alone,  of  course,  will  not  do  it.  Laws  must  be 
enforced.  Merely  getting  a  housing  law  on  the  statute  books  will 
not  change  conditions.  Unfortunately,  laws  do  not  execute  them- 
selves and  no  law  will  do  much  unless  an  adequate  system  of  en- 
forcement is  also  provided. 

True,  it  is  a  painful  operation.  It  takes  time  and  energy 
and  above  all  things  patience.  It  means  constant  effort.  It 
means  attention  to  innumerable  details.  It  often  means  foregoing 
immediate  results  to  secure  larger  future  returns. 

Housing  is  a  commodity  like  food  or  clothes,  and  the  methods 
to  be  employed  in  securing  the  right  kind  of  housing  for  the  people 
of  any  community  differ  in  no  essential  respect  from  the  methods 
to  be  followed  in  providing  the  right  kind  of  food  or  clothing  for 
that  community.  In  a  city  where  the  children  of  the  poor  were 
dying  of  typhoid  because  of  impure  milk,  we  should,  I  think,  feel 
that  it  was  trifling  with  a  serious  situation  if  it  were  urged  that 
nothing  could  be  done  through  legislation,  but  that  the  only  way 
to  insure  a  better  milk  supply  was  to  encourage  the  people  to  move 
to  the  country  where  they  could  have  their  own  cows  and  thus  in- 
sure the  right  kind  of  milk  for  their  children. 

We  should  undoubtedly  feel  that  it  was  playing  with  a  vital 
situation  were  it  proposed  to  meet  a  crisis  of  this  kind  through  the 
establishment  of  a  model  dairy  which  would  furnish  milk  to  i  per 
cent  of  the  children  of  the  city,  and  at  the  same  time  allow  the  other 
99  per  cent  to  be  poisoned  by  bad  milk.  What  every  community 
has  done  under  such  circumstances  has  been  to  rise  in  its  might 
and  say  bad  milk  shall  not  be  sold.  In  other  words,  they  have 
sought  the  remedy  for  such  a  condition  through  law  and  law  en- 
forcement, and  they  have  gotten  results.  It  is  all  right  to  estab- 
lish a  model  dairy  to  encourage  others  and  show  how  good  milk 
can  be  produced,  but  this  should  follow  an  ordinance  prohibiting 
the  sale  of  skim  milk  or  milk  containing  too  large  a  bacterial  count. 
No  sane  community  would  accept  the  establishment  of  one  model 
dairy  as  a  substitute  for  that  kind  of  legislation.  Good  housing  is 
to  be  provided  in  just  the  same  way. 

The  question  which  every  housing  reformer  must  face  is: 
What  method  will  give  the  largest  results  with  the  least  expenditure 
of  energy  and  effort?  It  is  largely  a  question  of  emphasis.  The 

6 


HOUSING    REFORM   THROUGH    LEGISLATION 

method  which  will  return  90  per  cent  of  results  and  not  10  per  cent, 
is  obviously  the  method  to  follow.  No  one  thing  will  in  itself  solve 
the  housing  problem  in  any  community.  Housing  evils  are  of  so 
manifold  a  nature  and  have  so  many  manifestations  that  it  is,  of 
course,  apparent  that  many  things  must  be  done  before  right  con- 
ditions can  be  achieved.  There  is  no  method  of  housing  reform 
which  the  housing  reformer  should  not  adopt  provided  it  will 
produce  results.  It  must  always  be  submitted  to  this  practical 
test.  In  some  cases  all  methods  are  to  be  employed,  not  merely 
one. 

/That  legislation  alone  will  solve  the  housing  problem  is  of 
course  absurd.  But  the  point  that  we  wish  to  lay  emphasis  upon 
is  that  in  most  cases  the  largest  results  have  come  from  legislative 
action  and  that  until  certain  fundamental  evils  have  been  remedied 
it  is  futile,  or  worse,  to  adopt  the  methods  of  housing  reform  which 
may  be  said  to  belong  to  the  post-graduate  period  rather  than  to 
the  kindergarten  stage  of  a  community's  development,  f  In  other 
words,  we  must  get  rid  of  our  slums  before  we  establish  Garden 
Cities;  we  must  stop  people  living  in  cellars  before  we  concern  our- 
selves with  changes  in  methods  of  taxation;  we  must  make  it  im- 
possible for  builders  to  build  dark  rooms  in  new  houses  before  we 
urge  the  government  to  subsidize  building;  we  must  abolish  privy 
vaults  before  we  build  model  tenements.  When  these  things  have 
been  done  there  is  no  question  that  effort  can  be  profitably  ex- 
pended in  the  other  directions  mentioned. 


II 

BUILDING  CODES/ TENEMENT  HOUSE  LAWS 
AND  HOUSING  LAWS 


II 

BUILDING  CODES,  TENEMENT  HOUSE  LAWS 
AND  HOUSING  LAWS 

IF  we  accept  the  principle  that  the  largest  results  in  housing 
reform  will  come  through  legislation,  the  immediate  practical 
questions  which  present  themselves  are:    What  kind  of  laws 
shall  we  work  for,  how  shall  we  prepare  them  and  how  obtain 
them? 

As  a  rule,  the  first  suggestion  which  comes  to  mind  is  to 
amend  the  building  code.  Every  city  of  considerable  size  has  a 
building  ordinance  of  some  kind  and  in  those  places  where  there  is 
no  building  code  it  is  very  natural  to  concentrate  effort  upon  se- 
curing one.  While  it  is  true  that  we  do  want  to  secure  the  enact- 
ment of  laws  which  will  regulate  the  way  houses  may  be  built, 
yet  the  remedies  which  most  people  interested  in  housing  reform 
are  seeking  will  not  be  found  in  the  ordinary  building  code. 

It  is  important,  therefore,  at  the  outset  to  clearly  distinguish 
between  three  kinds  of  building  laws — a  building  code,  a  tenement 
house  law  and  a  housing  law. 

A  building  code  is,  as  its  title  indicates,  a  code  of  laws  dealing 
with  the  methods  to  be  employed  in  the  construction  of  buildings. 
It  concerns  itself  chiefly  with  questions  of  building  materials  and 
processes.  Housing  reformers  are  not  as  a  rule  interested  in  these 
questions;  in  the  quality  of  brick  and  mortar,  in  methods  of  fire- 
proofing,  in  the  advantages  of  terra  cotta  as  compared  with  re- 
inforced concrete,  in  factors  of  safety,  in  dead  and  live  loads,  in 
wind  stresses,  in  automatic  sprinklers,  in  fire  and  water  tests,  in 
rivets  and  flanges  of  iron  beams  and  columns,  in  wall  thicknesses 
and  similar  technical  questions.  Important  as  these  are  from  the 
point  of  view  of  safety  and  construction  and  the  reduction  of  fire 
risk,  they  do  not  touch  the  questions  which  most  vitally  concern 
the  welfare  of  the  great  mass  of  our  people. 

1 1 


A    MODEL    HOUSING    LAW 

In  other  words,  a  building  code  does  not  so  much  affect 
living  conditions  as  it  affects  the  building  industry.  At  best  a 
building  code  is  nothing  more  nor  less  "than  a  gigantic  specification. 
It  is  a  document  to  interest  architects  and  builders  and  manufac- 
turers of  building  materials,  not  the  housing  reformer.  As  a  rule, 
it  is  a  long,  detailed,  abstruse,  highly  technical  and  uninteresting 
document,  not  understandable  in  most  of  its  provisions  by  the 
layman. 

Only  in  rare  instances  do  we  find  in  a  building  code  provisions 
which  deal  with  the  conditions  under  which  people  live.  Ordi- 
narily no  building  code  concerns  itself  with  anything  but  the  con- 
struction of  new  buildings.  It  is  seldom  that  we  find  it  dealing 
with  the  conditions  which  must  be  maintained  in  order  that  people 
may  have  sanitary  homes. 

It  is  apparent,  therefore,  that  housing  reformers  will  not 
find  in  the  enactment  of  building  codes  the  legislation  which  they 
are  seeking. 

The  question  then  presents  itself  whether  one  should  work 
for  a  tenement  house  law  or  for  some  other  kind  of  a  law.  The 
answer  to  this  question  will  depend  very  much  upon  the  condi- 
tions which  prevail  in  each  city  where  the  problem  is  taken  up. 
In  a  city  like  New  York,  for  instance,  or  Boston,  or  even  Chicago, 
there  are  many  reasons  why  housing  reformers  should  seek  at  first 
at  any  rate  to  secure  tenement  house  legislation.  In  these  cities 
the  tenement  house  is  the  type  of  dwelling  in  which  the  great 
mass  of  the  people  live.  It  is  also  the  type  in  which  the  most  se- 
rious evils  are  to  be  found.  It  is  but  natural  under  such  circum- 
stances that  housing  reformers  should  seek  remedies  for  the  worst 
conditions  first. 

Up  to  five  years  ago  the  course  followed  in  America  has  been 
along  these  lines.  Housing  reform  has  been  sought  chiefly  through 
tenement  house  legislation;  that  is,  through  laws  which  regulate 
the  conditions  in  buildings  in  which  many  people  live;  and  which 
deal  not  merely  with  the  construction  of  such  buildings  when  new, 
but  also  require  the  improvement  of  the  older  ones  and  the  main- 
tenance of  all  dwellings  in  a  safe  and  sanitary  condition. 
/  Housing  laws  are  essentially  different  from  building  laws. 
/They  concern  themselves  primarily  with  sanitary  questions — with 

12 


BUILDING   CODES    AND    HOUSING    LAWS 

light  and  ventilation,  plumbing  and  drainage,  intensive  use  of 
land,  privacy,  sewage  disposal,  egress  in  case  of  fire,  reasonable 
fire  protection,  and  to  a  large  extent  with  maintenance  and  use, 
regulating  conditions  under  which  water-closets  are  maintained, 
prohibiting  improper  use  of  cellars,  regulating  and  restricting 
basement  and  cellar  occupancy,  providing  for  adequate  water 
supply  in  convenient  places,  insuring  cleanliness  and  the  keeping 
of  buildings  in  repair,  providing  receptacles  for  waste  materials  of 
various  kinds,  forbidding  the  keeping  of  animals  and  similar  im- 
proper use  of  the  premises;  they  require  a  resident  caretaker, 
prohibit  overcrowding,  forbid  the  taking  in  of  lodgers,  authorize 
the  health  department  to  vacate  houses  which  are  unfit  for  habi- 
tation, and  generally  require  buildings  to  be  kept  in  sanitary  con- 
dition. 

It  is  at  once  seen  that  such  a  law  is  materially  different  from  a 
building  code  and  that  it  concerns  itself  with  totally  different 
things. 

The  question,  What  is_  a  ^enejrientjiouse?  presents  some  dif- 
ficulties. In  most  cities  the  law  includes  in  this  category  buildings 
which  are  occupied  in  common  as  the  home  or  residence  of  three  or 
more  families.  In  a  few  cities  the  standard  is  set  at  four  families, 
but  in  recent  years  it  more  properly  has  been  set  at  two  families. 
The  city  of  Chicago,  for  instance,  in  its  ordinance  includes  as 
tenement  houses  all  buildings  occupied  by  twjx.families  or  more. 
The  tenement  house  law  of  the  state  of  Indiana  similarly  sets  the 
standard  at  two  families,  though  New  York  City  still  keeps  its 
standard  at  three  families.  Columbus,  Ohio,  has  gone  further. 
It  not  only  treats  all  two-family  houses  as  tenement  houses  but 
includes  under  many  of  the  provisions  of  the  same  law  certain  types 
of  one-family  houses  as  well. 

There  is,  of  course,  no  reason  why  people  who  live  in  houses 
in  which  there  are  but  two  families  should  not  be  afforded  the  same 
protection  against  unsanitary  conditions  that  is  afforded  to  people 
who  live  in  houses  in  which  there  are  three  families.  All  are  equally . 
entitled  to  light  and  air,  proper  drainage,  modern  sanitation,  ade- 
quate water  supply  and  the  rest  of  the  things  which  go  to  make  up 
proper  housing  conditions. 

One  reason  why  housing  reformers  have  heretofore  confined 

13 


A    MODEL   HOUSING    LAW 

their  efforts  to  tenement  house  legislation  has  been  that  they 
have  necessarily  in  the  beginning  of  this  work,  as  a  matter  of  pol- 
icy, felt  constrained  to  proceed  along  lines  of  least  resistance  and 
take  up  those  conditions  for  which  there  would  be  the  strongest 
public  support. 

Obviously,  only  in  those  cities  where  the  tenement  house' is 
the  prevailing  type,  will  a  tenement  house  law  do  much  to  solve  the 
housing  problem.  In  the  great  majority  of  cities,  however,  the 
tenement  house  is  not  the  usual  type  but  the  exception.  In  most 
cities  in  America  the  great  mass  of  the  people  live  in  one-family 
houses,  many  of  them  in  detached  houses;  nevertheless,  the  hous- 
ing evils  which  prevail  there  are  the  same  evils  that  are  found  in 
the  tenement  houses  of  our  larger  cities. 

Dark  rooms,  cellar  dwellings,  lack  of  drainage,  inadequate 
water  supply,  overcrowding,  the  lodger  evil,  and  the  other  count- 
less evils  encountered  in  our  cities  are  found  just  as  frequently  in 
the  small  cottages  in  which  the  mass  of  the  working  people  live 
as  in  the  taller  tenements  of  our  older  cities. 

It  is  apparent,  therefore,  that  housing  reform  to  be  effective 
must  in  most  cities  concern  itself  not  merely  with  the  tenement 
house  but  with  the  private  dwelling. 

There  would  be  little  difficulty  in  this  were  it  not  for  the  fact 
that  any  law  which  effectively  regulates  the  dwelling  in  which  the 
workingman  lives  must  also  apply  to  the  mansion  of  the  million- 
aire and  the  home  of  the  average  well-to-do  citizen,  who  as  a  rule 
resents  the  idea  that  the  house  in  which  he  lives  needs  regulation, 
and  is  consequently  apt  to  oppose  such  efforts  at  housing  reform. 
The  tenement  house  and  the  private  dwelling  are  not  the 
only  types  of  buildings  which  need  regulation.  There  are  others 
which  need  it  quite  as  much.  It  would  seem  that  the  time  had 
come  in  America  when  we  should  regulate  all  buildings  in  which 
human  beings  live,  and  that  it  is  folly  for  us  any  longer  to  permit 
dark  rooms  in  any  building  where  people  dwell.  A  dark  room  in  a 
,  boarding  house  or  hotel  is  as  dangerous  as  one  in  a  tenement  house; 
possibly  in  some  ways  more  dangerous.  Bad  plumbing  has  the 
same  bad  effects  in  all  buildings. 

For  these  reasons  the  housing  reformer  should  work  for 
housing  legislation;  not  merely  for  a  tenement  house  law  which  in 

14 


BUILDING   CODES    AND   HOUSING    LAWS 

most  communities  deals  with  one  comparatively  small  and  limited 
class,  but  for  a  law  which  affects  all  citizens,  a  law  which  makes 
dark  rooms  quite  as  impossible  in  the  rich  man's  home  as  in  the 
poor  man's  cottage,  which  makes  a  dark  hall  quite  as  illegal  irTa 
modern  high-class,  fireproof  hotel  as  in  a  common  lodging  house. 

The  only  kind  of  legislation  that  will  do  this  is  a  law  which 
affects  all  buildings  in  which  people  live,  whether  those  buildings 
are  private  dwellings,  two-family  dwellings,  tenement  houses, 
apartment  houses,  flats,  hotels,  boarding  houses,  lodging  houses, 
apartment  hotels  or  bachelor  apartments. 

It  is  apparent  that  the  scope  of  such  a  law  is  far  wider  than 
that  of  a  mere  tenement  house  law.  The  opposition  to  it  will  also 
be  wider.  And  yet  notwithstanding  this,  it  is  the  kind  of  legislation 
to  work  for.  By  no  other  means  can  we  secure  right  conditions. 

It  is,  moreover,  a  rather  restricted  view  to  assume  that  one's 
duty  as  a  good  citizen  is  thus  limited.  It  is  also  a  short-sighted 
view;  for  it  will  be  a  question  of  only  a  few  years  when  we  shall 
have  to  take  the  second  step  if  we  do  not  take  it  now.  And  it  is 
easier  to  make  the  advance  in  one  step  than  in  several.  It  is  wise 
economy  to  make  the  momentum  of  the  initial  campaign  carry 
through  the  broader  law. 

On  the  other  hand,  the  term  "tenement  house"  is  something 
of  an  asset.  One  can  rally  to  the  support  of  tenement  house  reform 
a  vast  amount  of  public  sentiment  which  does  not  respond  so 
quickly  in  behalf  of  a  mere  housing  law.  The  word  immediately 
conjures  up  to  the  popular  mind  a  picture  of  sordid,  squalid  con- 
ditions. When  we  hear  of  "tenement  house  reform"  our  minds  in- 
stinctively revert  to  the  city  slum.  But  the  public,  we  are  glad  to 
say,  is  becoming  educated  in  this  regard  and  is  beginning  to  ap- 
prehend the  significance  of  "Housing"  in  a  way  that  it  did  not 
a  few  years  ago. 

But  it  is  also  a  liability.  When  applied  to  the  high-class 
apartment  house  or  to  the  better  grade  flat,  to  the  private  dwelling 
or  the  two-family  house,  there  is  resentment  on  the  part  of  many 
members  of  the  community  whose  support  we  should  otherwise 
have,  because  they  feel  that  a  stigma  is  being  attached  to  their 
property  and  their  homes.  They  resent  the  idea  of  a  tenement 

15 


A    MODEL    HOUSING    LAW 

house  law  as  applicable  to  the  houses  in  which  they  live;  for,  their 
conception  of  a  tenement  house  is  the  popular  one. 

These  advantages  and  disadvantages  are  both  lost  when  we 
work  for  housing  legislation.  While  it  is  true  that  the  stigma 
attaching  to  the  tenement  house  label  disappears,  on  the  other 
hand  we  shall  extend  the  opposition  to  new  groups. 

I  see  no  escape,  however,  from  this  dilemma.  If  the  laws 
are  to  be  of  any  value  they  must  have  "teeth  in  them"  and  some- 
one is  sure  to  be  hurt.  This  is  inherent  in  the  situation  and  can- 
not be  avoided. 

If  we  wish,  therefore,  to  make  our  efforts  of  the  widest  in- 
fluence we  should  seek  housing  legislation  and  not  merely  tenement 
house  reform.  The  latter  will  do  for  a  few  cities,  but  will  prove 
of  little  value  to  the  great  mass  of  communities  in  America. 
Housing  evils  are  not  confined  to  cities.  Slums  are  found  wherever 
people  live,  in  small  towns,'  in  villages,  even  on  the  open  prairie, 
and  the  only  effective  way  to  overcome  these  evils  is  through  hous- 
ing legislation;  legislation  which  at  first  should  apply  only  to  the 
larger  cities,  but  which  gradually  can  be  extended  with  little 
change  to  the  smaller  communities  until  ultimately  every  section 
of  the  state  is  embraced  within  its  beneficent  protection. 


16 


Ill 

HOW  TO  USE  THE  MODEL  LAW 


Ill 

HOW  TO  USE  THE  MODEL  LAW 

WHILE  this  book  is  called  A  Model  Housing  Law  it  is  so 
only  in  the  sense  of  being  a  working  model  upon  which 
others  may  build.  It  is  in  no  sense  meant  to  be  an 
ideal  or  perfect  statute.  It  perhaps  can  be  best  described  as 
"canned  legislation/'  Its  purpose  is  to  save  persons  interested 
in  housing  reform  many  years  of  effort,  and  if  rightly  used  should 
accomplish  this  purpose.  It  is  intended  to  make  unnecessary  the 
painful  operation  of  collecting  the  housing  laws  of  all  the  dif- 
ferent cities  and  states  throughout  the  country,  preparing  a  com- 
parative digest  of  them,  and  slowly  and  painfully  setting  to  work 
to  construct  a  new  law  from  these  elements,  cutting  a  piece  here 
and  adding  a  patch  there,  the  result  being  a  crazy-quilt  of  legisla- 
tion which  does  not  accomplish  what  is  desired. 

As  all  the  housing  laws  in  the  United  States  are  based  upon 
three  models,  either  the  New  York  Tenement  House  Law  or  the 
present  author's  Model  Tenement  House  Law,  published  in  1910,* 
or  the  Model  Housing  Law  as  published  in  1914,  it  at  once  appears 
that  there  is  little  advantage  to  any  community  in  thus  collecting 
the  laws  of  the  different  states  and  cities.  At  best  aH  that  one  can 
get  from  them  is  to  discover  the  local  variations  that  have  been 
made  from  the  parent  stock. 

As  a  rule  these  local  variations  hinder  rather  than  help. 
They  frequently  mean  nothing  more  than  a  concession  made  to 
some  individual  on  a  local  committee  who  has  in  mind  some  par- 
ticular type  of  house  and  who  declines  to  agree  to  a  report  or  to 
support  proposed  legislation  unless  the  particular  point  which  he 
has  in  mind  is  favored.  Concessions  of  this  kind  when  copied  in 
other  communities  without  an  understanding  of  the  reasons  which 
led  to  their  enactment,  do  incalculable  harm. 

*  Veiller,  Lawrence:  A  Model  Tenement  House  Law.  New  York,  Chari- 
ties Publication  Committee,  1910. 

19 


A    MODEL    HOUSING    LAW 

In  A  Model  Tenement  House  Law,  the  disadvantages  of 
this  method  of  procedure  are  pointed  out.  It  may  not  be  amiss 
to  repeat  some  of  the  warnings  given  there. 

Writing  a  housing  law  is  a  difficult  task.  It  requires  much 
time  and  effort  and  a  good  deal  of  technical  knowledge.  As 
usually  done  it  is  undertaken  by  one  or  two  public-spirited  citizens 
who  come  to  the  task  generally  unprepared.  Unless  guided  by 
the  experience  of  others  the  results  of  this  kind  of  effort  are  apt  to 
prove  disastrous.  The  law  prepared  under  such  methods  is  as  a 
rule  found  inadequate  when  put  into  practice.  It  is  then  discovered 
that  many  important  matters  have  been  overlooked,  that  some 
parts  have  been  so  drawn  as  not  to  accomplish  what  was  intended, 
that  others  are  so  involved  that  they  are  understood  neither  by  the 
officials  who  have  to  enforce  them  nor  by  the  citizens  who  are  called 
upon  to  obey  them,  and  that  there  are  loopholes  in  the  law  by 
which  it  may  be  easily  evaded  and  often  its  whole  purpose  defeated. 

It  is  because  of  these  considerations  that  the  Model  Law  has 
been  evolved. 

All  those  enactments  which  any  city  would  wish  to  make  to 
regulate  past,  present  and  prospective  housing  evils  have  been 
included.  It  has  been  prepared  for  practical  use  by  laymen,  as 
well  as  by  lawyers  and  public  officials,  and  has  been  kept  as  simple 
and  concise  in  form  as  it  is  possible  to  make  it. 

Housing  laws  deal  with  the  construction  of  new  buildings, 
the  alteration  of  existing  ones,  and  the  maintenance  of  all,  and  are 
therefore  used  by  many  different  classes  in  the  community:  build- 
ers, architects,  plumbers,  owners,  tenants,  social  workers.  In  most 
laws,  especially  building  codes,  the  provisions  which  relate  to  dif- 
ferent classes  of  buildings  are  jumbled  together  and  the  person 
using  them  is  compelled  to  hunt  through  the  whole  law  to  find 
that  part  in  which  he  is  interested. 

I"n  this  respect  the  Model  Law  represents  a  great  advance. 
The  various  provisions  have  here  been  so  classified  that  each  per- 
son can  quickly  and  readily  find  those  matters  which  interest  him. 
A  builder  need  only  consider  the  provisions  of  one  chapter  of  the 
law;  namely,  that  relating  to  New  Buildings.  A  man  wishing  to 
alter  his  house  will  find  everything  bearing  on  it  in  one  separate 
chapter  entitled  Alterations;  the  landlord  will  find  grouped  to- 

20 


HOW   TO    USE   THE    MODEL    LAW 

gether  under  Maintenance  in  another  chapter,  all  those  provisions 
which  govern  the  maintenance  of  such  houses;  and  here  too  ten- 
ants and  social  workers  will  find  what  they  want  to  know. 

The  law  is  accordingly  divided  into  six  chapters:  Chapter- 1 r 
General  Provisions  (including  Definitions);  Chapter  II,  New 
Buildings  (divided  into  three  divisions:  Title  i,  Light  and  Ventila- 
tion; Title  2,  Sanitation;  Title  3,  Fire  Protection);  Chapter  III, 
Alterations;  Chapter  IV,  Maintenance;  Chapter  V,  Improve- 
ments; and  Chapter  VI,  Requirements  and  Remedies. 

A  special  word  of  caution  should  be  given  in  this  connection. 
Some  people  have  in  their  desire  to  "simplify"  and  reduce  the  bulk 
of  the  law  because  the  law  "looks  so  long"  to  them,  sought  to 
combine  the  various  provisions  and  have  disregarded  this  impor- 
tant plan  of  classification  and  thrown  the  various  sections  together. 
In  every  case  where  this  has  been  done  the  result  has  been  disas- 
trous. The  law  thus  evolved  has  been  not  pnly  complicated  and 
troublesome  but  has  failed  to  remedy  the  evils  involved. 

Those  seeking  housing  reform  should  realize  at  once  that 
there  is  no  way  to  enact  a  short  housing  law  which  will  be  adequate. 
There  is -no  escape.  If  the  conditions  are  to  be  adequately  dealt 
with,  the  housing  law  must  deal  with  all  the  important  phases  of 
the  problem.  No  short  cuts  are  possible.  This  is  quickly  demon- 
strated by  going  through  the  Model  Law  section  by  section  and 
asking,  "  What  sections  can  we  safely  omit?"  It  is  quickly  discov- 
ered that  there  are  practically  none. 

A  housing  law  to  be  appropriate  should  necessarily  be  adapted 
to  local  conditions.  What  is  necessary  and  practicable  in  one  city 
may  not  be  necessary  in  another.  In  order  to  make  such  local 
adaptation  easy,  the  plan  has  been  adopted  of  printing  in  capital 
letters  those  standards  which  may  vary  in  each  city;  thus,  in  the 
provision  dealing  with  the  percentage  of  lot  which  may  be  occupied, 
in  the  Model  Law  this  has  been  fixed  at  SEVENTY  per  cent  in  the 
case,  for  instance,  of  interior  lots  not  over  60  feet  in  depth.  Some 
cities  may  wish  to  impose  either  a  higher  or  a  lower  standard,  to 
make  this  amount  say  60  or  75 ;  all  that  each  city  needs  to  do  under 
the  scheme  of  this  law  is  to  change  the  one  word  "SEVENTY" 
and  leave  the  rest  of  the  section  as  it  is.  The  convenience  of  such 
a  plan  is  obvious. 

21 


A    MODEL   HOUSING    LAW 

Where  there  is  no  featuring  of  a  standard  in  this  way  it 
means  that  the  requirement  as  written  is  deemed  right  for  every 
city  and  should  be  enacted  without  change. 

Too  much  emphasis  cannot  be  placed  upon  adhering  strictly 
to  the  phraseology  and  punctuation  employed  in  the  Model  Law. 
Efforts  should  not  be  made  to  "  improve"  or  "  simplify"  it.  Every 
word,  every  comma  has  been  weighed  and  has  its  exact  and  definite 
meaning.  Many  of  the  provisions  have  stood  the  test  of  many 
years'  enforcement  and  interpretation. 

Similarly,  there  are  advantages  in  retaining  the  order  of 
arrangement  of  the  various  sections  and  where  possible  the  same 
section  numbers.  When  your  law  comes  to  be  tested  in  the  courts, 
as  it  of  course  will,  it  will  be  helpful  to  be  able  to  show  the  court 
that  the  provision  under  .review  is  not  some  novel  and  untried 
venture,  but  that  the  identical  provision  in  a  very  similar  statute 
is  to  be  found  in  the  laws  of  "Michigan,  Minnesota  and  other  states. 

Following  each  section  of  the  Model  Law  will  be  found 
copious  notes  and  illustrative  diagrams.  While  it  is  true  that  there 
are  few  sections  of  the  law  to  which  such  notes  are  not  appended, 
yet  the  plan  has  been  to  make  no  unnecessary  comment -.but  only 
to  discuss  those  points  which  experience  has  shown  are  likely  to 
give  rise  to  difficulty  and  concerning  which  those  using  the  law 
should  be  fully  informed.  The  notes  are  in  the  form  of  a  running 
commentary  on  each  section,  pointing  out  where  there  is  any  doubt 
the  reasons  which  have  caused  its  enactment  and  what  is  intended 
to  be  accomplished  by  it;  also  calling  attention  to  ways  in  which 
its  meaning  may  be  misinterpreted  and  explaining  wherever 
necessary  to  the  lay  mind  all  technical  points  involved. 

Similarly,  the  illustrative  diagrams  which  accompany  the 
text  are  employed  where  it  is  felt  that  without  them  what  is  in- 
tended will  not  otherwise  be  plain,  especially  to  persons  not 
familiar  with  the  technical  aspects  of  the  problems  involved. 
These  diagrams  will  be  more  useful  to  the  layman  than  to  the 
architect  or  builder,  but  will  it  is  hoped  prove  useful  even  to  them. 

To  persons  especially  familiar  with  the  technical  details  of 
housing  laws  many  of  these  notes  may  seem  superfluous,  but  it 
should  be  remembered  that  the  Model  Law  will  necessarily  be 
used  by  many  persons  who  do  not  have  this  technical  equipment. 

22 


HOW   TO   USE   THE    MODEL    LAW 

In  addition  to  these  explanatory  notes  it  has  been  thought 
wise  to  build  "a  flight  of  steps"  both  up  and  down  from  each  of 
the  more  important  sections.  In  other  words,  while  each  section 
of  the  Model  Law  represents  the  best  consensus  of  opinion  as-fo— 
what  it  is  desirable  and  practicable  to  adopt,  it  is  recognized  that 
it  will  not  always  be  possible  for  each  city  to  enact  every  provision 
as  written  in  the  law.  Concessions  will  necessarily  have  to  be 
made  to  meet  the  views  of  various  persons  in  each  community, 
and  it  is  important,  therefore,  for  the  housing  reformer  who  is 
working  for  this  result  to  know  where  he  may  safely  make  conces- 
sions and  how  far  it  is  wise  to  go.  In  order  to  aid  him  to  the 
greatest  possible  extent  a  flight  of  steps  has'  been  built  leading 
down  from  each  section.  In  other  words,  where  concessions  can 
be  made  a  series  of  "Concessions"  is  indicated  after  the  explana- 
tory notes,  and  the  exact  phraseology  of  each  concession  is  given. 

On  the  other  hand,  it  is  also  recognized  that  in  many  cities 
it  may  be  possible  to  adopt  higher  standards  than  those  established 
in  the  Model  Law.  There  are  many  sections  in  which  undoubtedly 
it  would  be  wise  if  higher  standards  could  be  adopted.  A  flight  of 
steps  upward  has  therefore  similarly  been  erected  from  each  section 
and  a  series  of  "Variations"  appended  to  those  sections  where  it 
is  believed  that  higher  standards  can  be  adopted.  Here,  too,  the 
exact  form  of  each  variation  is  given  in  precise  terms  so  as  to  aid 
those  using  the  law  to  the  greatest  degree. 

Equipped  in  this  way,  thus  prepared  to  make  the  law  stronger 
or  weaker  as  may  be  necessary  in  each  locality,  it  is  believed  that 
the  housing  reformer  will  be  furnished  with  a  complete  armory  of 
weapons  with  which  to  wage  his  fight. 

This  book  would  not  be  complete  without  a  consideration, 
also,  of  what  may  be  termed  an  Ideal  Housing  Law  so  far  as  light 
and  ventilation  are  concerned.  This  is  an  attempt  to  do  away  with 
air-shafts  and  light-courts  and  other  unsatisfactory  makeshifts  for 
direct  light  and  air  by  permitting  no  dwellings  to  be  erected  which 
exceed  two  rooms  in  depth. 

Whether  American  courts  have  advanced  sufficiently  at  this 
time  to  sustain  such  legislation  is  a  nice  question.  Whether  they 
will  or  not,  the  author  thinks  it  not  inappropriate  to  include  in 


A    MODEL   HOUSING    LAW 

this  book  a  suggestion  indicating  the  direction  in  which  an  ideal 
housing  law  is  to  be  sought. 

A  word  of  caution  to  those  using  the  Model  Housing  Law. 

There  is  a  subtle  temptation  in  the  form  of  local  pride  which 
sometimes  makes  a  group  of  housing  reformers  desire  to  have  the 
law  they  draft  seem  more  essentially  their  own.  A  distaste  for 
"copying''  and  an  exaggerated  desire  for  individual  expression 
lead  them  to  change  for  the  sake  of  changing,  to  fix  other  standards 
because  they  are  theirs. 

The  result  of  this  course  has  generally  proved  to  be  disastrous. 
The  profitable  course  to  pursue  is  the  direct  reverse.  Every  person 
who  is  using  the  Model  Law  as  the  basis  of  his  legislation  should 
approach  it  with  the  idea  in  mind  that  as  few  changes  as  possible 
should  be  made,  and  only  those  for  which  affirmative  evidence 
can  be  presented. 

The  burden  of  proof  is  on  him  for  every  change  or  departure 
made  from  the  standards  therein  established.  His  conception  of 
his  work  should  be  to  try  and  have  the  Model  Law  enacted  in  his 
community  with  the  fewest  possible  changes,  and  no  change  should 
be  made  for  which  there  are  not  strong  and  cogent  reasons. 

A  failure  to  heed  this  advice  has  brought  about  disastrous 
and  unexpected  consequences;  in  several  instances  resulting  in 
imposing  unnecessary  hardships  upon  real  estate  and  in  other  cases 
defeating  the  very  purposes  the  framers  of  such  laws  had  in  mind. 


IV 

A  MODEL  HOUSING 
LAW 


AN  ACT 

To  promote  the  health,  safety  and  welfare  of  the  people 
by.  regulating  the  light  and  ventilation,  sanitation,  fire 
protection,  maintenance,  alteration,  improvement  and  use 
of  dwellings;  to  define  the  classes  thereof,  to  establish 
administrative  requirements  and  to  establish  remedies  and 
fix  penalties  for  the  violation  thereof. 

NOTE  i :   In  order  to  base  the  act  upon  the  founda-  Expiana_ 
tions  on  which  the  Police  Power  of  the  State  rests,  t-Q^ 
viz.,  health,  safety  and  welfare — it  is  good  practice  to 
write  these  important  words  into  the  Title  of  the  Act. 

The  People  of  the  State  of repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: 

NOTE:   The  enacting  clause  will  vary  in  different  Expiana. 
states;   it  should  be  made  to  conform  strictly  to  the 
form  locally  in  use. 


ARTICLE  I 
GENERAL  PROVISIONS 

SECTION  i.    Scope  of  the  Act.    This  act  shall  be  known 

as  the  Housing  Law3  of l  and  shall  apply  to 

every  city,  town  and  village  in  the  state-  which  by  the 
last  federal  census  had  a  population  of  TEN  THOUSAND2 
or  more,  and  to  every  other  city,  town  or  village  as  soon  as 
its  population  shall  reach  TEN  THOUSAND  thereafter. 

NOTE  i :   Insert  the  name  of  the  state  in  which  it  is  Explana- 
proposed  to  enact  the  law.  t-on 

NOTE  2:  One  of  the  perplexing  questions  that  has 

to  be  faced  at  the  start  is  how  wide  an  application  to 

give  the  act.     If  local  conditions  permit  and  it  is 

feasible  to  have  the  act  apply  to  all  cities  of  the  state 

27 


A    MODEL    HOUSING    LAW  §    I 

rather  than  to  a  few,  it  is  of  course  better  to  give  it 
this  wider  application.  In  Wisconsin  some  years  ago 
a  tenement  house  law  which  applied  the  same  require- 
ments to  the  rural  districts  that  it  did  to  the  large 
cities  was  held  by  the  courts  of  that  state  to  be  unrea- 
sonable and  therefore  void.  On  the  other  hand,  in 
some  states,  Ohio  for  example,  a  law  which  does  not 
apply  generally  to  all  cities  throughout  the  state 
would  be  held  to  be  unconstitutional  and  void. 

While  there  will  undoubtedly  be  many  people  who 
will  wish  to  see  the  law  apply  to  all  parts  of  the  state, 
it  will  not  be  good  policy  to  attempt  this  at  first. 
Such  a  provision  is  more  than  likely  to  insure  the 
defeat  of  the  bill  in  the  legislature;  for,  the  members 
from  rural  districts  are  likely  to  resent  an  attempt  to 
regulate  the  conditions  under  which  their  constituents 
live.  The  people  are  not  yet  ready  for  such  sweeping 
reforms.  The  ideal  condition  is  to  have  a  housing  law 
apply  to  all  classes  of  buildings  used  as  the  residence 
of  human  beings,  whether  located  in  the  country  or  in 
the  city.  Recent  investigations  show  that  conditions 
exist  in  many  villages  and  on  the  prairies  that  are  as 
bad  in  some  respects  as  those  to  be  found  in  the  slums 
of  large  cities.  A  dark  room  is  equally  bad  every- 
where. If  the  law  is  given  this  wider  application, 
great  care  must  be  taken  to  see  that  all  its  provisions 
appropriately  apply  to  the  simpler  conditions  which 
prevail  in  rural,  semi-rural  and  suburban  communities. 
For  example,  the  requirement  of  Section  47  for  water- 
closets  would  be  inappropriate  in  the  country  where 
there  is  no  communal  water  supply.  Similarly,  in  rural 
districts  the  provisions  of  Sections  99  and  100  relative 
to  cisterns,  wells  and  catch-basins  are  essential,  but 
they  are  not  appropriate  for  cities.  The  greatest 
difficulty  in  giving  the  law  such  general  application  is 
the  lack  of  means  of  enforcing  it  in  sparsely  settled 
communities,  and  the  cost  of  any  system  of  inspection 
that  will  insure  the  maintenance  of  sanitary  condi- 
tions. If  this  change  is  desired  the  following  variation 
is  suggested: 

Variation  VARIATION  i:    "Section  i.   Scope  of  the  Act.   This  act 

shall  be  known  as  the  Housing  Law  of 

and  shall  apply  to  every  city,  town  and  village  in  the 
state/' 

28 


§  I  GENERAL    PROVISIONS 

//  is  Advised:  To  have  the  act  apply  at  first  to  the 
larger  cities,  then  after  it  has  been  tried  out  and  put 
into  successful  operation  for  two  or  three  years,  to 
extend  its  application  to  the  smaller  cities,  and  later      __ 
to  all  parts  of  the  state. 

NOTE  3 :  The  advantage  of  the  short  popular  title 
is  to  make  it  easy  to  cite  the  act  in  subsequent  statutes 
and  legal  proceedings  without  the  necessity  of  repeat- 
ing each  time  a  long  title  with  the  chapter  number  of 
the  act  and  the  various  amendatory  acts.  In  some 
states  this  method  of  citation  is  not  permitted. 

VARIATION  24:  "In  the  case  of  cities  having  a  population  Variation 
of  ONE  HUNDRED  THOUSAND5  or  over,  it  shall  also 
apply  to  all  that  territory  immediately  adjacent  and  con- 
tiguous to  the  boundaries  of  such  city  and  extending  for  a 
radial  distance  of  TWO  miles6  beyond  such  boundaries  in 
all  directions." 

NOTE  4:  In  recent  years  there  has  been  an  increas- 
ing appreciation  of  the  folly  of  permitting  slums  to 
develop  on  the  outskirts  of  large  cities,  thus  creating 
conditions  which  later  on  will  cause  trouble  and  ex- 
pense to  those  cities  when  these  outlying  sections  be- 
come a  part  of  the  city  through  annexation.  Accord- 
ingly, this  "Variation"  has  been  formulated  to  deal 
with  this  situation. 

In  cases  where  the  Model  Law  is  enacted  as  a  local 
ordinance  rather  than  as  a  state  law,  it  will  not  be 
possible  to  include  such  a  provision;  as  it  is  not  within 
the  power  of  a  city  to  legislate  for  territory  outside  of 
its  corporate  limits.  It  is  of  course  entirely  within  the 
province  of  the  legislature  to  determine  how  wide  an 
application  a  law  of  this  kind  may  have. 

NOTE  5:  It  is  probably  wise  at  first  to  limit  such 
a  provision  to  the  larger  cities,  but  there  is  no  reason 
why  it  should  not  ultimately  apply  to  all  cities.  If 
that  is  desired,  the  wider  application  can  be  obtained 
by  omitting  the  words  "  In  the  case  of  cities  having  a 
population  of  ONE  HUNDRED  THOUSAND  or 
over." 

NOTE  6:   The  distance  to  which  the  area  of  inclu- 
sion shall  be  extended  depends  entirely  on  local  con- 
ditions.    Two  miles  seems  reasonable.     Five  miles 
would  seem  a  maximum  distance. 
29 


A    MODEL   HOUSING    LAW  §  2 

§  2.  DEFINITIONS.1  Certain  words  in  this  act  are  de- 
fined for  the  purposes2  thereof  as  follows.  Words  used  in 
the  present  tense  include  the  future;  words  in  the  mascu- 
line gender  include  the  feminine  and  neuter;  the  singular 
number  includes  the  plural  and  the  plural  the  singular; 
the  word  "person"  includes  a  corporation  as  well  as  a 
natural  person. 

Explana-  NOTE  i :  There  is  danger  in  definitions.     One  must 

be  closely  on  one's  guard.  The  tendency  of  the  un- 
initiated is  to  try  to  define  everything.  This  is  both 
unnecessary  and  unwise.  We  are  not  writing  a  dic- 
tionary but  a  law.  Every  definition  is  a  source  of  po- 
tential danger.  If  not  skilfully  or  carefully  drawn 
it  may  defeat  the  entire  purpose  of  the  act.  It  may 
not  only  fail  to  include  all  cases  that  should  be  in- 
cluded, but  it  is  more  likely  to  err  in  permitting  eva- 
sion of  the  law  on  technicalities,  through  lack  of  pre- 
cision. The  result  is  disastrous  in  either  case.  No 
definition  should  be  included  that  is  not  absolutely 
necessary  nor  any  term  defined  that  is  not  used  in  the 
act.  Where  words  have  a  commonly  accepted  mean- 
ing, and  it  is  not  desired  to  change  that  meaning,  they 
should  not  be  defined.  It  is  sometimes  safer  to  leave 
some  things  undefined,  as  it  affords  greater  oppor- 
tunity for  successful  argument  in  support  of  the  act 
in  subsequent  litigation.  It  is  neither  necessary  nor 
desirable  to  define  such  words  as  "apartment," 
"story,"  "building,"  "street,"  "alley,"  "lot,"  and 
so  forth.  It  will  be  found  that  all  definitions  neces- 
sary to  a  proper  housing  law  have  been  included. 
None  can  be  added  without  danger. 

It  will  be  generally  found  that  there  is  a  demand 
that  what  constitutes  a  "lot"  shall  be  defined.  This 
should  not  be  done,  however.  If  it  is  done,  it  is  almost 
certain  to  result  in  unnecessarily  restricting  the  use  of 
property.  A  man  should  be  free  to  make  his  "lot" 
whatever  he  wishes.  It  may  be  a  piece  of  property 
50  feet  by  100  feet.  But,  if  he  wants  to  combine  in 
one  lot  200  feet  by  100  feet,  four  such  parcels  of  land 
and  build  one  large  apartment  house  on  them,  is 
there  any  reason  why  he  should  not  do  so?  If  the 
apartment  hause  later  burns  down  and  he  wants  to 
redivide  his  property  once  more  into  four  lots  should 

30 


§2(l)  GENERAL    PROVISIONS 

he  not  be  free  to  do  so?  Any  definition  of  lot  in  this 
law  would  not  only  be  superfluous  but  would  prove 
to  be  hampering.  All  that  is  necessary  is  to  make 
sure  that  the  requirements  for  adequate  open  spaces 
for  light  and  ventilation  shall  not  be  evaded  and  that 
is  done  satisfactorily  in  the  law  by  specific  provisions 
prohibiting  the  reduction  of  such  open  spaces  and  the 
reduction  of  the  lot  beyond  certain  minimum  require- 
ments. 

NOTE  2:  The  phrase  "for  the  purposes  thereof" 
is  of  importance;  otherwise  the  act  will  have  a  wider 
effect  than  is  intended.  To  impose  the  limitations  of 
these  definitions  upon  the  operation  of  other  statutes 
would  of  course  be  unwise.  For  example,  in  one  of 
our  states,  the  housing  law  defines  a  hotel  as  one 
having  at  least  50  sleeping  rooms,  whereas  the  excise 
law  requires  but  10  sleeping  rooms.  Under  the  excise 
law  hotels  with  10  rooms  are  given  certain  privileges 
as  to  the  sale  of  liquor;  these  would  be  taken  away 
from  every  hotel  that  did  not  have  50  rooms,  were  not 
the  definition  in  the  housing  law  limited  to  "for  the 
purposes  of  this  act." 

§2  (i)  DWELLING.  A  "dwelling"  is  any  house  or 
building  or  portion  thereof  which  is  occupied  in  whole  or 
in  part  as  the  home,  residence  or  sleeping  place  of  one  or 
more  human  beings,  either  permanently  or  transiently. 

NOTE:  This  is  a  bousing  law;  that  is,  it  deals  with  Explana- 
buildings  in  which  people  live.  It  does  not  attempt  tion 
to  deal  with  places  where  people  only  work  or  assemble. 
It  might  very  well  be  called  a  dwelling  house  law. 
Its  provisions  therefore  relate  to  all  dwellings,  though 
some  relate  only  to  certain  kinds  of  dwellings.  The 
definition  of  dwelling  is  made  as  all-inclusive  as  pos- 
sible. The  determining  factor  is  the  sleeping  place 
of  the  individual.  As  the  act  applies  to  all  dwellings 
and  includes  the  mansion  of  the  millionaire  and  the 
modern  high-class  hotel  as  well  as  the  cottage  and 
tenement  of  the  humble  wage-earner,  it  must  be 
drawn  with  the  greatest  care.  Herein  lies  the  great- 
est point  of  difficulty  in  the  whole  subject.  Pro- 
visions which  are  at  once  admitted  to  be  necessary 
for  the  protection  of  the  poor  tenement  dweller,  are 
resented  by  the  rich  or  well-to-do  member  of  the  com- 

31 


A    MODEL    HOUSING    LAW  §  2   (2) 

munity,  who  thinks  no  law  is  necessary  for  him,  and 
is  often  unable  to  see  that  in  order  that  the  community 
may  be  protected,  laws  must  be  general  in  their  ap- 
plication, and  that  occasionally  the  individual  must 
of  necessity  be  restricted  in  greater  or  less  degree. 

§  2  (2)  CLASSES  OF  DWELLINGS. l     For  the  purposes  of 
this  act  dwellings  are  divided  into  the  following  classes: 
.(a)  "private-dwellings,"  (b)  " two-family  dwellings, "  and 
(c)  "multiple-dwellings":2 

(a)  A  "private-dwelling"  is  a  dwelling  occupied  by  but 
one  family  alone.3 

(b)  A  "two-family  dwelling"  is  a  dwelling  occupied  by 
but  two  families  alone,  one  above  the  other.     A  semi- 
detached or  double  house4  containing  two  families  with 
separate  entrances  for  each  but  under  one  roof  and  with 
a  wall  or  party-wall  between  but  no  interior  connection 
between  the  two  parts  of  the  building  is  to  be  considered 
as  two  private  dwellings.    A  two-family  dwelling  which 
contains  a  store5  or  other  business  space  or  is  three  stories 
in  height,  shall  be  deemed  a  multiple-dwelling  and  shall 
comply  with  the  requirements  for  such  dwellings. 

(c)  A   "multiple-dwelling"2'6  is  a    dwelling  occupied 
otherwise  than  as  a  private-dwelling  or  two-family  dwell- 
ing. 

Explana-  NOTE   i :    The  whole  scheme  of  the  law  is  to  be 

found  in  the  plan  of  classification  herein  embodied. 
Especial  care  has  been  taken  to  differentiate  the  three 
classes,  private  dwellings,  two-family  houses,  and 
multiple  dwellings  of  various  kinds,  thus  permitting 
differentiation  in  the  provisions  relative  to  each  class. 
That  such  differentiation  is  necessary  is  obvious. 
Provisions  necessary  for  safety  in  large  tenement 
houses  or  in  tall  hotels  are  not  so  necessary  in  small 
two-story  private  dwellings.  Practically  all  of  the 
provisions  of  the  act  with  reference  to  fire  protection 
will  be  found  to  apply  only  to  multiple  dwellings 
(Sections  53  to  64  inclusive).  Similarly,  other  pro- 
visions proper  for  the  maintenance  of  tenement 
houses  are  not  so  necessary  in  private  dwellings. 
(See  Sections  90  and  91.)  Many  of  the  provisions 

32 


2  (2)  GENERAL    PROVISIONS 

of  the  act  apply  to  all  classes  of  dwellings;  some  apply 
only  to  multiple  dwellings  and  a  few  only  to  one  class 
of  multiple  dwelling.  By  means  of  this  plan  of  classi- 
fication it  is  possible  to  encourage  the  construction  of 
private  dwellings  and  two-family  houses  and  to  dis- 
courage the  erection  of  tenement  houses  and  other 
forms  of  multiple  dwellings  by  making  the  provisions 
relative  to  the  latter  more  stringent  than  those  af- 
fecting the  former  classes.  We  are,  moreover,  on 
safe  ground  from  a  legal  point  of  view  in  adopting  this 
method  of  restriction,  whereas  we  should  not  be  if, 
for  example,  we  attempted  a  definite  prohibition 
against  the  erection  of  tenement  houses.  To  impose 
more  stringent  requirements,  in  case  of  fire  for  in- 
stance, on  tenement  houses  occupied  by  many  fam- 
ilies than  on  private  dwellings,  would  unquestionably 
be  maintained  by  the  courts  as  a  reasonable  discrim- 
ination. The  effect  of  these  more  stringent  require- 
ments in  increasing  the  cost  of  construction  may, 
however,  so  discourage  the  construction  of  buildings 
of  this  kind  as  to  practically  stop  their  erection. 

NOTE  2:  A  great- advantage  of  this  scheme  of  clas- 
sification is  that  it  removes  any  stigma  that  may 
seem  to  attach  to  the  word  "tenement  house."  Be- 
cause of  the  prevailing  conception  of  such  buildings, 
resulting  from  the  use  of  the  term  in  its  popular 
rather  than  its  legal  meaning,  there  is  often  great 
objection  on  the  part  of  owners  and  occupants  of 
high-class  apartment  houses  or  costly  mansions  to 
have  to  comply  with  the  terms  of  a  "tenement  house 
law";  when  there  would  be  little  or  no  objection  to 
compliance  with  a  "housing  law"  which  affects  all 
buildings  used  for  residence  purposes. 

NOTE  3:  The  word  "alone"  in  (a)  and  (b)  while 
seemingly  unnecessary  is  essential.  It  will  not  do 
to  let  a  small  boarding  house  "occupied  by  but  one 
family" — and  several  non-related  individuals,  as 
boarders — be  classed  as  a  private  dwelling  and  thus 
escape  the  provisions  of  the  act  relative  to  multiple 
dwellings. 

NOTE  4:  The  two-family  dwelling  which  it  is  sought 
to  encourage  is  the  type  of  house  with  one  family 
upstairs  and  one  family  downstairs,  with  separate 
entrances  and  hallways,  it  is  in  reality  a  two-story 
Hat;  but,  without  the  disadvantage  of  common  halt 

3  33 


A    MODEL   HOUSING    LAW  §  2   (3) 

ways  and  other  public  parts  of  the  building  used  in 
common  that  usually  pertains  to  the  flat.  In  dif- 
ferent parts  of  the  country  nomenclature  differs.  In 
some  sections  such  a  house  is  known  as  a  "double 
house"  while  in  other  sections  the  double  house  is  two 
semi-detached  private  dwellings  with  a  common  roof 
and  a  party-wall  between  them.  It  has  been  found 
necessary  to  make  this  plain  in  the  definition  beyond 
any  peradventure  of  doubt. 

NOTE  5:  A  favorite  way  of  "beating  the  law"  in 
some  states  and  cities  is  to  erect  a  three  story  tene- 
ment with  a  store  on  the  ground  floor  and  two  families 
above.  By  calling  it  a  two-family  dwelling  it  escapes 
the  requirements  of  the  act  relative  to  multiple 
dwellings.  After  the  building  is  erected,  partitions 
are  put  up  back  of  the  store  and  the  store-keeper's 
family  moves  into  the  rooms  thus  created.  This  pro- 
vision will  make  such  evasion  impossible. 

NOTE  6:  It. should  be  observed  that  no  kind  of 
dwelling  can  escape  regulation  under  the  act.  For 
every  dwelling  that  is  not  either  a  private  dwelling 
(a)  or  a  two-family  dwelling'  (b)  becomes  under  the 
act  a  multiple  dwelling.  Multiple  dwellings  are  "all 
others." 

§  2  (3)  CLASSES  OF  MULTIPLE-DWELLINGS.  1  All  mul- 
tiple-dwellings are  dwellings2  and  for  the  purposes  of  this 
act  are  divided  into  two  classes,  viz.  Class  A  and  Class  B: 

Class  A.  Multiple-dwellings  of  Class  A  are  dwellings 
which  are  occupied  more  or  less  permanently  for  residence 
purposes  by  several  families  and  in  which  the  rooms  are 
occupied  in  apartments,  suites  or  groups.  This  class  in- 
cludes tenement  houses,3  flats,  apartment  houses,  apart- 
ment hotels,  bachelor  apartments,  studio  apartments, 
duplex  apartments,  kitchenette  apartments,  and  all  other 
dwellings  similarly  occupied  whether  specifically  enumer- 
ated herein  or  not.4 

Class  B.  Multiple-dwellings  of  Class  B  are  dwellings 
which  are  occupied,  as  a  rule  transiently,  as  the  more  or 
less  temporary  abiding  place  of  individuals  who  are  lodged, 
with  or  without  meals,  and  in  which  as  a  rule  the  rooms 
are  occupied  singly.  This  class  includes  hotels,  lodging 

34 


§  2  (3)  GENERAL    PROVISIONS 

houses,  boarding  houses,  furnished-room  houses,  lodgings, 
club  houses,  convents,5  asylums,  hospitals,  jails,  and  all 
other  dwellings  similarly  occupied  whether  specifically 
enumerated  herein  or  not. 

NOTE  i :  Multiple  dwellings  are  divided  into  two  Explana- 
broad  classes;  those  which  are  used  by  families  or  tion 
groups  of  persons  permanently  as  their  home  or  place 
of  residence,  and  those  which  are  used  more  or  less 
transiently  by  single  individuals.  The  first  class  in- 
cludes tenement  houses,  flats,  apartment  houses  and 
similar  types  of  buildings;  the  second  class  includes 
hotels,  lodging  houses,  boarding  houses  and  similar 
buildings.  Some  provisions  of  the  act  apply  to  one 
of  these  classes,  other  provisions  to  the  other,  while 
many  provisions  apply  to  both.  Such  differentiation 
is  obviously  necessary.  To  illustrate:  in  a  tenement 
house  it  is  appropriate  to  require  each  fire-escape  bal- 
cony or  other  means  of  egress  to  open  directly  from 
each  apartment,  suite,  or  group  of  rooms;  in  the 
case  of  a  hotel  such  a  provision  would  be  "  impossible." 

NOTE  2:  While  it  is  repetition  to  say  "all  multiple 
dwellings  are  dwellings"  inasmuch  as  a  multiple 
dwelling  has  been  defined  in  Subdivision  (2)  (c)  as  "a 
dwelling,"  still  it  is  wise  to  repeat  it  here  so  that  there 
can  be  no  question  in  the  minds  of  the  enforcing  officials 
or  of  the  courts  that  multiple  dwellings  must  comply 
with  the  provisions  of  the  act  relative  to  dwellings. 

NOTE  3:  It  is  to  be  noted  that  the  enumeration 
of  the  various  kinds  of  multiple  dwellings  in  Class  A 
and  Class  B  is  in  no  way  essential  to  the  definition. 
The  definition  is  complete  without  it.  It  is  included 
solely  to  guide  the  enforcing  officials  and  to  illustrate 
to  them  and  to  the  public  what  is  meant.  This  enu- 
meration will  also  aid  those  who  draft  the  law  by  en- 
abling them  to  consider  whether  each  provision  that 
applies  to  dwellings  and  to  multiple  dwellings  can 
be  properly  applied  to  each  of  the  kinds  of  buildings 
herein  mentioned. 

NOTE  4:  The  phrase  "and  all  other  dwellings  simi- 
larly occupied  whether  specifically  enumerated  herein 
or  not,"  is  essential.  All  enumerations  in  statutes 
are  dangerous  unless  safeguarded  in  this  way  by  some 
general  "drag-net"  clause,  as  it  may  easily  happen 
that  there  are  other  kinds  of  multiple  dwellings  than 

35 


A    MODEL    HOUSING    LAW  §  2   (4) 

those  stated  which  may  have  been  forgotten  at  the 
time  of  drawing  the  act,  to  say  nothing  of  those  which 
may  come  into  existence  subsequently. 

NOTE  5 :  Formidable  opposition  to  the  whole  Hous- 
ing Law  some  times  develops  in  the  legislature  because 
of  the  inclusion  of  these  classes  of  buildings,  viz., 
"convents,  asylums,  hospitals  and  jails"  within  the 
terms  of  the  law.  In  such  cases  it  is  wise  policy  to 
omit  specific  mention  of  them.  Such  a  change  will 
in  no  way  affect  the  operation  of  the  law,  for  they 
will  all  be  included  under  it,  "whether  specifically 
enumerated  herein  or  not." 

NOTE  6:  This  distinction  may  give  some  persons 
much  concern  especially  with  reference  to  "border- 
line" types  such  as  apartment  hotels,  for  example. 
This  anxiety  is  generally  quickly  dispelled  when  it  is 
pointed  out  that  there  are  few  provisions  of  the  law 
which  are  different  in  their  requirements  for  multiple 
dwellings  of  Class  A  and  Class  B.  For  quick  conve- 
nience and  ready  reference  so  as  to  enable  persons 
adopting  the  law  to  carefully  weigh  this  consideration, 
the  sections  in  which  the  provisions  for  the  two  classes 
differ  in  any  respect  are  as  follows:  Sections  33,  46, 
47,  48,  51,  59,  62,  85,  93,  98,  105  and  109. 

§2  (4)  HOTEL.  A  "hotel,"  for  purposes  of  this  act 
only,  is  a  multiple-dwelling  of  Class  B  in  which  persons 
are  lodged  for  hire  and  in  which  there  are  more  than  one 
hundred  sleeping  rooms,  a  public  dining  room  for  the 
accommodation  of  at  least  one  hundred  guests,  and  a 
general  kitchen. 

Explana-  NOTE:   This  definition  is  made  necessary  by  the 

tjon  fact  that  "hotels"  may  be  exempted  from  certain 

provisions  of  the  act.  (See  Sections  21  and  71 .)  The 
exemptions  in  question  are  advisable,  if  at  all,  only 
in  the  case  of  the  tall  modern  hotel  with  accommoda- 
tions for  many  guests,  generally  several  hundred.  It 
is  to  prevent  these  exemptions  from  applying  to  other 
kinds  of  buildings  that  this  definition  becomes  neces- 
sary. Without  it,  the  exemptions  would  apply  to 
any  building  known  as  a  hotel  under  any  law,  or  even 
to  a  building  popularly  so  known;  now  they  will  ap- 
ply only  to  such  buildings  as  are  covered  by  this  defi- 
nition. 

36 


§  2  (5),   (6)  GENERAL    PROVISIONS 

§  2  (5)  MIXED  OCCUPANCY.  In  cases  of  mixed  oc- 
cupancy where  a  building  is  occupied  in  part  as  a  dwelling 
the  part  so  occupied  shall  be  deemed  a  dwelling  for  the 
purposes  of  this  act  and  shall  comply  with  the  provisions 
thereof  relative  to  dwellings. 

NOTE:   Without  this  provision,  we  might  have  the  Explana- 
anomalous  situation  of  an  office  building  or  public  tion 
school   building   being   brought   under  the   require- 
ments of  the  act  because  the  janitor  and  his  family 
live  there,  and  thus  the  building  is  "occupied     *     * 
in  part  as  the  home      *     *     *     *    of  one  or  more 
human  beings/'     It  is  obvious  that  the  provisions  of 
this  law  which  relate  to  dwellings  should  not  apply  to 
a  building  occupied  chiefly  as  an  office  building,  or 
public  school,  but  should  apply  only  to  the  parts  of 
such  buildings  which  are  used  for  dwelling  purposes. 

§  2  (6)  YARDS.  A  "rear  yard"  is  an  open  unoccupied 
space  on  the  same  lot1  with  a  dwelling,  between  the  ex- 
treme rear  line  of  the  lot  and  the  extreme  rear  line  of  the 
house.2  A  yard  between  the  front  line  of  the  house  and 
the  front  line  of  the  lot  is  a  "front  yard/'3  A  yard  be- 
tween the  side  line  of  the  house  and  the  side  line  of  the 
lot  and  which  extends  from  the  front  line  or  front  yard 
to  the  rear  line  of  the  lot  or  to  the  rear  yard  is  a  "side 
yard/'4  The  length  of  a  side  yard  is  measured  from  the 
front  wall  of  the  dwelling  to  the  rear  wall  of  such  dwelling, 
and  not  to  the  rear  lot  line. 

NOTE  i :  The  words  "on  the  same  lot"  are  impor-  Explana- 
tant.  In  many  communities  it  has  become  the  cus-  tion 
torn  to  build  buildings  close  to  the  side  and  rear  lot 
lines,  sometimes  on  the  line,  having  the  rooms  on  that 
side  or  end  of  the  house  secure  their  sole  light  and  ven- 
tilation from  windows  opening  on  the  adjoining  prem- 
ises which  have  been  left  unbuilt  upon  at  these  points. 
This  is  not  safe.  When  the  adjoining  premises  are 
later  built  upon,  as  they  are  sure  to  be  ultimately, 
the  light  and  air  are  then  shut  off,  with  the  result  that 
a  number  of  dark  or  semi-dark  rooms  are  created.. 
It  is  impossible  then  to  remedy  the  conditions  ade- 
quately. The  evils  of  "borrowed  light"  are  too  great 

37 


A    MODEL    HOUSING    LAW 


§2(6) 


to  be  safely  permitted.  Nor  is  it  fair  to  permit  one 
man  to  use  another  man's  land  for  such  purposes. 
The  only  safe  and  proper  way  is  to  require  each  person 
to  leave  proper  open  spaces  on  his  own  lot  for  the  ade- 
quate lighting  and  ventilation  of  his  own  building. 

NOTE  2:  The  phrase  "between  the  extreme  rear 
line  of  the  lot  and  the  extreme  rear  line  of  the  house" 
is  necessary  for  two  reasons.  One  of  these  is  the  con- 
siderable number  of  irregular-shaped  lots  with  rear 
boundary  lines  running  at  an  angle  as  shown  in 
Figure  i. 

Without  this  phrase,  the  plan  of  leaving  a  clear 
open  space  at  the  rear  of  each  building  of  a  certain 
minimum  size  would  be  defeated.  Let  us  assume, 


YARP 


FIGURE  i 


for  instance,  that  the  yard  required  to  be  left  by  law 
is  30  feet;  if  this  phrase  were  not  included,  the 
yard  could  be  left  as  shown  in  the  right-hand  dia- 
gram, instead  of  the  full  amount  intended,  as  illus- 
trated by  the  left-hand  diagram.  It  is  at  once  seen 
that  in  the  first  instance  a  very  inadequate  yard 
might  result;  namely,  a  yard  only  3  feet  deep  at  one 
point  and  but  17  feet  deep  at  another  and  of  varying 
depths  between,  instead  of  30  feet  deep  at  every 
point. 

Similarly,  without  the  phrase  in  question  the  law 
could  be  easily  evaded  in  the  case  of  lots  of  varying 
depth  as  shown  in  Figure  2. 
What   the   law  intends  to   require,  namely,  a   clear 

38 


2(6) 


GENERAL    PROVISIONS 


space  of  30  feet  at  every  point,  is  shown  by  the  left- 
hand  diagram ;  what  could  be  done,  if  no  specific  pro- 
vision made  it  impossible,  is  illustrated  by  the  right- 
hand  diagram.  It  is  at  once  seen  that  it  would  be 
possible  to  have  no  yard  at  all  for  one-half  of  the 
building  with  the  house  at  that  point  built  all  the 
way  up  to  the  lot  line,  thus  creating  dark  rooms  and 
defeating  one  of  the  primary  purposes  of  the  act. 
The  dotted  lines  show  what  should  be  left. 

The  second  class  of  cases  which  makes  the  phrase 
under  discussion  of  importance  is  where  the  building 
instead  of  the  lot,  is  of  irregular  depth,  owing  to  the 
construction  of  extensions  or  the  use  of  courts  as 
shown  on  page  40  (Figures  3  and  4). 


R  FAR  LOT  LINE 


REAR  Lor  LINE 


YARD 


II 


REAR. LOT  LINE. 


FIGURE  2 

Here  the  law  intends  that  the  measurement  of  the 
rear  yard  shall  be  as  shown  in  the  left-hand  diagram. 
Without  the  phrase  "the  extreme  rear  line  of  the 
house/'  it  would  be  possible  to  build  as  shown  in  the 
right-hand  diagram,  thus  defeating  the  primary  pur- 
pose of  this  provision;  namely,  the  leaving  of  an  ade- 
quate open  space  at  the  rear. 

Similarly,  where  courts  are  employed  at  the  rear  of 
the  building  there  is  equal  opportunity  for  misunder- 
standing and  evasion,  as  shown  in  Figure  4. 

Here  again  what  the  law  intends  is  shown  in  the 
left-hand  diagram;  what  would  be  possible  in  evading 
the  law,  were  not  this  point  safeguarded,  is  shown  by 

39 


A    MODEL    HOUSING    LAW 


§2(6) 


the  right-hand  one.    This  whole  question  assumes  im- 
portance in  connection  with  Sections  22,  23,  31  and  72. 
NOTE  3:    It  is  necessary  to  define  front  yards,  as 
otherwise  they  would  under  the  definition  of  "courts" 


FIGURE  3 

be  treated  as  such  and  be  subject  to  the  requirements 
relative  thereto.  This  would  bring  about  the  ab- 
surd situation  that  a  man  who  wished  to  set  back  his 
house  from  the  street  line  and  leave  a  large  front 


LOT  LINE 


FIGURE  4 

yard,  voluntarily  leaving  more  open  space  than  the 
law  requires,  could  not  under  some  circumstances  do 
so  without  being  unduly  penalized.     (See  Section  26.) 
40 


§  2  (7)  GENERAL    PROVISIONS 

NOTE  4:  "Side  yards"  which  extend  through  from 
the  street  to  the  yard,  if  of  sufficient  width,  are  an  ex- 
cellent feature  and  should  be  encouraged  as  a  much 
better  kind  of  open  space  than  courts.  If  they  do- 
not  extend  through,  however,  their  especial  value  is 
lost  and  they  become  courts  and  should  be  treated 
as  such  and  be  required  to  be  of  greater  width. 

§2  (7)  CouRTs.2  A  "court"  is  an  open  unoccupied 
space,  other  than  a  yard,  on  the  same  lot1  with  a  dwelling. 
A  court  not  extending  to  the  street  or  front  yard  or  rear 
yard  is  an  inner  court.3  A  court  extending  to  the  street  or 
front  yard  or  rear  yard  is  an  outer  court. 

NOTE  i :   The  comments  under  Note  i  on  Yards,  Explana- 
Section  2  (6)  apply  equally  here.  tion 

NOTE  2 :  The  scheme  of  the  law  contemplates  only 
two  kinds  of  open  spaces;  namely,  yards  and  courts. 
Yards  may  be  rear  yards,  side  yards  or  front  yards, 
as  above  defined.  All  other  open  spaces  are  "  courts. " 
Shafts  (small  enclosed  courts)  are  ruled  out.  The 
term  is  one  whose  use  should  be  discouraged.  Courts 
are  essentially  of  two  kinds;  namely,  inner  and  outer. 
In  the  former  the  open  space  is  enclosed  by  walls  on 
all  four  sides  (in  some  cases  on  three  sides  with  the 
lot  line  acting  as  the  fourth,  but  ultimately  to  be 
enclosed);  in  these  courts  all  the  light  must  come 
in  over  the  top  of  the  walls  at  the  roof,  and  all  the  air 
in  the  same  way  unless  other  means  of  circulation  is 
provided.  Outer  courts  have  always  one  end  or  side 
left  open;  namely,  that  adjacent  to  the  rear  yard, 
street  or  front  yard,  and  are  never  enclosed  on  more 
than  three  sides  (sometimes  only  on  two  sides,  with 
the  lot  line  acting  as  the.  third  side).  The  light  and 
air  can  therefore  stream  in  through  the  open  side. 

NOTE  3 :  A  lot  line  court  of  the  type  shown  in  the 
right  hand  diagram  of  Figure  5  on  page  42  but  open- 
ing on  one  side  into  a  side  yard  is  essentially  an  inner 
court  and  should  be  so  treated.  In  measuring  its 
width,  however,  it  is  only  reasonable  to  count  that 
portion  of  the  side  yard  which  extends  for  the  length 
of  the  court  as  part  of  the  court's  effective  width. 
It  of  course  needs  no  intake  as  the  side  yard  acts  in 
that  capacity.  The  following  sketches  show  the  main 
types  of  inner  and  outer  courts.  (Figures  5,  6  and  7.) 


A    MODEL    HOUSING    LAW 


§2(7) 


YARD 


AT  REAR 


FIGURE  5 
INNER  COURTS 


OUTER. 


FIGURE  6 
OUTER  COURTS  BETWEEN  WINGS 


0 
DC 

-I 

c6 


Born  FRONT S  £ew? 


FIGURE  7 
OUTER  COURTS  ON  THE  LOT  LINE 

42 


YARD 


§  2   (8),   (9)  GENERAL    PROVISIONS 

§2(8)  CORNER  AND  INTERIOR  LOTS.  A  "corner  lot"  is  a 
lot  of  which  at  least  two  adjacent  sides  abut  for  their  full 
length  upon  a  street.  A  lot  other  than  a  corner  lot  is  an 
"interior"  lot. 

NOTE:  As  buildings  on  corner  lots  secure  much  Explana- 
more  liberal  treatment  in  the  percentage  of  lot  which  tion 
may  be  occupied  and  also  may  have  smaller  yards 
than  those  on  interior  lots,  this  definition  is  necessary. 
Interior  lots  are  "all  others."  In  some  cities  a  third 
type  is  recognized,  namely,  "through  lots,"  or  those 
that  extend  through  from  one  street  to  a  parallel 
street.  These  are  purposely  not  included  here,  as 
this  type  of  construction  is  one  that  should  not  be  per- 
mitted. It  is  not  necessary  in  any  city  except  in  the 
closely  built  up  business  districts  where  it  is  considered 
desirable  to  utilize  every  inch  of  space,  and  where 
frequently  it  becomes  necessary  to  have  a  large  amount 
of  continuous  unbroken  floor  space.  In  residence 
districts  these  conditions  do  not  exist.  This  method 
of  building  should  be  strongly  discouraged  even  for 
business  buildings,  as  it  destroys  any  plan  for  block 
ventilation  and  violates  some  of  the  most  elementary 
principles  of  intelligent  city  planning. 

It  should  be  noted  that  under  the  provisions  of  §2 
(21)  a  public  alley  16  feet  wide  or  more  is  treated  as  a 
street.  That  means  that  a  lot  of  which  one  side  abuts 
the  street  and  an  adjacent  side  abuts  such  an  alley 
would  be  treated  as  a  corner  lot  and  would  be  given 
the  privileges  which  pertain  to  such  lots.  It  should 
have  these. 

§  2  (9)  FRONT;  REAR;  AND  DEPTH1  OF  LOT.  The 
front  of  a  lot  is  that  boundary  line  which  borders  on  the 
street.  In  the  case  of  a  corner  lot  the  owner  may  elect  by 
statement  on  his  plans  either  street  boundary  line  as  the 
front.2  The  rear3  of  a  lot  is  the  side  opposite  to  the  front. 
In  the  case  of  a  triangular  or  gore  lot  the  rear  is  the  boun- 
dary line  not  bordering  on  a  street.  The  depth  of  a  lot  is 
the  dimension  measured  from  the  front  of  the  lot  to  the 
extreme  rear  line  of  the  lot.  In  the  case  of  irregular- 
shaped  lots  the  mean  depth  shall  be  taken. 

43 


Explana- 
tion 


A    MODEL   HOUSING    LAW 


§2(9) 


NOTE  i :  This  definition  would  be  unnecessary 
were  it  not  for  the  triangular-shaped  lots  which  border 
on  three  streets-,  in  relation  to  which  the  question  of 
where  the  yard  is  to  be  left  becomes  a  doubtful  one. 
Some  ingenious  architects  and  owners  have  sought 
to  induce  the  public  officials  in  such  cases  to  rule  that 
one  of  the  streets  is  the  "yard/'  thus  permitting  more 
of  the  lot  to  be  occupied.  To  prevent  this  evasion 
of  the  law  this  definition  is  necessary.  The  following 
diagram  illustrates  the  point  at  issue. 


7/ 


STREET 


FIGURE  8 


NOTE  2:  It  is  wise  to  be  liberal  in  the  case  of  a 
corner  lot  and  leave  the  owner  free  to  place  his  en- 
trance on  either  street  frontage  which  may  best  suit 
his  purpose,  instead  of  attempting,  as  is  done  in  some 
building  codes,  to  lay  down  the  hard  and  fast  rule 
that  the  narrower  frontage  shall  always  be  the  front. 
There  is  nothing  to  be  gained  by  this  and  it  might 
work  hardship  in  some  cases.  It  should  be  noted 
that  the  entrance  is  not  necessarily  on  the  front; 
it  may  be  on  the  side.  This  is  important,  as  there 
are  often  local  neighborhood  reasons  for  having  the 
entrance  on  one  street  rather  than  another. 

NOTE  3:  In  cases  where  the  end  of  the  building 
faces  the  street,  doubt  has  arisen  as  to  where  the  yard 
should  be  left.  The  definition  clarifies  this  point. 
(See  Figure  9.) 

The  front  .is  at  A,  the  rear  at  B.  It  has  been  claimed 
that  the  front  is  at  C,  and  the  rear  at  D  because  the  en- 
trance to  the  house  is  at  C,  and  that  the  yard  should  be 

44 


§2  (10),  (I  I) 


GENERAL    PROVISIONS 


left  along  the  line  D  D.  Such  a  construction  is  absurd 
and  would  be  prohibitive.  The  definition  makes  such  an 
interpretation  impossible. 


fcETAR. 


FRONT 


FIGURE  9 


§  2  (10)  PUBLIC  HALL.  A  "public  hall"  is  a  hall,  cor- 
ridor or  passageway  not  within  the  exclusive  control  of 
one  family. 

NOTE:  It  should  be  noted  that  under  this  definition  Explana- 
there  are  no  "public  halls"  in  a  private  dwelling,  and 
that  therefore  the  requirements  of  the  act  relative 
to  public  halls  will  not  apply  to  such  houses.  This 
will  also  be  the  case  in  the  usual  type  of  two-family 
house,  where  separate  hallways  and  entrances  are  pro- 
vided for  each  family. 


§2  (n)  STAIR  HALL.  A  "stair  hall"  is  a  public  hall 
and  includes  the  stairs,  stair  landings,  and  those  portions 
of  the  building  through  which  it  is  necessary  to  pass  in 
going  between  the  entrance  floor  and  the  roof. 

NOTE:  It  should  be  noted  that  a  stair  hall  is  by  this 
definition  specifically  declared  to  be  a  public  hall,  and 
therefore  is  subject  to  the  requirements  of  the  act 
relative  to  public  halls. 

45 


A    MODEL    HOUSING    LAW  §2   (\2),  (13) 

§2(12)  WINDOWS.  Windows  required  by  this  act  may  be 
either  double  hung,  pivoted,  hinged  or  casement  sash.  All 
the  provisions  of  this  act  relative  to  the  size  and  opening  of 
windows  shall  apply  equally  to  storm  sash  if  used. 

§2  (13)  BASEMENT;1  CELLAR;  ATTIC,  (a)  A  "  base- 
ment"  is  a  story  partly  underground  but  having  at  least 
one-half  of  its  height  above  the  curb  level,  and  also  one- 
half  of  its  height  above  the  highest  level  of  the  adjoining 
ground.2  A  basement  shall  be  counted  as  a  story.3 

(b)  A  "cellar"  is  a  story  having  more  than  one-half  of 
its  height  below  the  curb  level,  or  below  the  highest  level 
of  the  adjoining  ground.2    A  cellar  shall  not  be  counted 
as  a  story  for  purposes  of  height  measurement.3     If  any 
part  of  a  story  is  in  that  part  the  equivalent  of  a  basement 
or  cellar,  the  provisions  of  this  act  relative  to  basements 
and  cellars  shall  apply  to  such  part4  of  said  story. 

(c)  Any  part  story,  whether  basement,  cellar  or  attic,6 
if  occupied  in  whole  or  in  part  for  living  purposes  shall  be 
counted  as  a  full  story.     Where,  however,  a  dwelling  is 
situated  on  a  side  hill  and  the  conditions  of  grade  are  such 
that  what  would  naturally  be  a  cellar  becomes  a  basement 
under  this  definition,  such  a  basement  shall  not  be  counted 
as  a  story  provided  it  is  not  occupied  for  living  purposes; 
but  only  one  such  basement  shall  be  thus  exempt. 

Explana-  NOTE  i :   There  is  much  misunderstanding  in  the 

popular  mind  as  to  basements  and  cellars  with  a 
strong  tendency  to  lump  all  underground  rooms  to- 
gether in  one  objectionable  class.  This  is  neither 
fair  nor  wise.  The  two  are  quite  different.  Many 
basement  rooms  are  fit  for  habitation;  few  cellar 
ones  are.  It  should  be  borne  in  mind  that  a  basement 
is  a  story  which  is  in  even  the  slightest  degree  below  the 
ground.  Some  basements  have  their  floors  but  a. step 
or  two  below  the  sidewalk  and  are  practically  the 
equivalent  of  first  floor  rooms;  to  prohibit  the  oc- 
cupancy of  such  rooms  would  obviously  be  unreason- 
able. Wherever  the  line  is  drawn  it  necessarily  is  a 
more  or  less  arbitrary  one,  and  a  good  case  can  be 
made  out,  at  least  on  paper,  against  the  "unreason- 


§2(13)  GENERAL    PROVISIONS 

ableness"  of  a  requirement  which  permits  the  oc- 
cupancy of  a  room  whose  ceiling  is  4  feet  6  inches 
above  ground,  and  forbids  the  use  of  an  identical 
room  whose  ceiling  is  but  4  feet  5  inches  above  it. 
This  argument  applies  to  all  cases  where  definite  fixed 
standards  are  established;  the  man  who  falls  just  one 
side  or  the  other  will  seem  to  be  discriminated  against. 
But  these  are  chiefly  arguments  of  the  "enemy"  for 
the  purpose  of  discrediting  the  law.  There  are  no 
real  obstacles  involved.  As  such  standards  apply  to 
future  construction  it  is  quite  easy  for  the  individual 
to  adapt  himself  to  them  without  loss  or  hardship. 
The  standard  here  established  of  half  the  height  of  the 
room  above  ground  is  the  standard  which  has  been  in 
use  for  fifty  years  past.  As  it  has  proved  satisfactory 
in  that  time  and  given  no  trouble  it  is  continued. 

NOTE  2:  The  most  difficult  question  involved  in 
the  definition  of  basement  and  cellar  is  its  adaptation 
to  the  varying  conditions  which  exist  in  hilly  com- 
munities. Here  one  may  have  a  story  that  is  a  cellar 
in  the  front  of  the  building,  and  a  basement,  or  en- 
tirely above  ground,  at  the  rear,  and  vice  versa.  In 
such  cases  it  would  be  unfair  to  prohibit  the  occupancy 
of  rooms  at  the  rear  which  are  entirely  above  ground 
and  meet  all  the  requirements  of  the  law  in  other  re- 
spects. On  the  other  hand,  it  is  not  wise  to  permit 
a  builder  to  have  his  buildings  one  story  higher  in  the 
rear  than  in  the  front  through  the  simple  expedient 
of  excavating  his  land  at  the  back  part  of  his  lot  and 
carrying  his  yards  and  courts  down,  thus  putting 
a  whole  story  of  his  building  below  ground  and  be- 
low the  level  of  neighboring  property.  (See  Figure 
10.)  There  is  no  city  where  underground  living  is 
a  necessity.  It  is  obviously  undesirable.  The  defi- 
nitions have  been  framed  with  the  most  minute  care 
with  these  considerations  in  mind.  It  should  be  noted 
that  in  the  case  of  basements  a  double  condition  is 
imposed  (and  similarly  with  cellars);  namely,  the 
ceiling  must  be  one-half  of  its  height  above  both  the 
curb  in  front  of  the  building  and  also  above  the  highest 
level  of  the  adjoining  ground.  This  takes  care  of  the 
conditions  above  described  and  illustrated  in  Figures 
10  and  ii.  These  show  "sections  through" — not 
plans. 

Figure    10   illustrates   the  case  where  the  land  is 

47 


A    MODEL    HOUSING    LAW 


§2(13) 


higher  in  the  front  than  at  the  rear,  either  naturally 
so,  or  because  the  rear  is  excavated.  The  rear  rooms 
in  this  cellar  are  entirely  above  ground  and  are  fit  for 
occupancy.  The  front  ones  are  not.  Figure  1 1  illus- 
trates the  opposite  case  where  the  land  is  higher 


WM.K 


CELLAR. 


FIGURE  10 

at  the  rear  than  at  the  front.  Here  the  basement  is 
fit  for  occupancy  in  the  front  part  but  not  in  the  rear. 
If  it  were  not  for  the  double  condition  imposed  by 
the  definition  requiring  the  height  to  be  not  only  above 
the  curb  level  but  also  above  the  highest  level  of  the 
adjoining  ground,  it  would  be  possible  to  have  these 
objectionable  rooms  occupied  in  each  case. 


WALK 


BASEMENT 


6bcK  5-  EARTH 


FIGURE  u 


NOTE  3:  "A  basement  shall  be  counted  as  a  story, 
a  cellar  shall  not  be  so  counted."  This  at  first  sight 
seems  unfair.  Upon  reflection  it  is  found  essential, 
as  otherwise  the  plan  for  restricting  the  height  of  non- 
fire-resistive  buildings  to  three  stories  could  be  easily 
evaded.  Thus  a  man  could  build  a  three  story  and 
"basement"  building,  making  the  "basement"  floor  a 


§2   (14)  GENERAL    PROVISIONS 

few  inches  below  the  entrance  level;  by  this  means  he 
could  get  four  full  stories  thus  defeating  the  purpose 
of  the  act  to  keep  non-fi re-resistive  houses  down  to  three 
stories.  (See  Section  52.) 

NOTE  4:  The  considerations  which  have  been  set 
forth  so  fully  in  Note  2  indicate  the  necessity  of  treat- 
ing the  different  parts  of  a  cellar  or  basement,  or  even 
of  an  upper  story,  separately,  where  there  are  vary- 
ing conditions  of  grade.  (See  Figures  10  and  n.) 
Each  portion  should  be  treated  on  its  merits. 

NOTE  5:  The  above  questions  are  important  in 
connection  with  Sections  26,  3 1 , 42,  43,  52,  and  94. 

NOTE  6:  Attics  present  some  difficulties.  Where 
they  are  built  there  is  danger  that  at  some  future  time 
they  will  be  lived  in,  and  they  are  as  a  rule  not  fit  for 
living  purposes,  especially  in  multiple  dwellings.  It 
would  be  simpler  to  rule  them  out  but  this  is  not  prac- 
ticable. People  do  not  want  all  houses  to  be  flat- 
roofed  houses,  and  in  private  dwellings  and  two- 
family  houses  the  peaked  roof  is  the  rule  rather  than 
the  exception.  Also  there  is  a  desire  and  need  for  the 
storage  space  thus  afforded.  There  is,  however,  no 
such  necessity  for  attics  in  multiple  dwellings;  the 
arrangement  of  the  building  changes  that.  This  sub- 
ject is  important  in  connection  with  Sections  22,  23, 
24,  25  and  52. 

§2  (14)  HEIGHT.  The  "height"  of  a  dwelling  is  the 
perpendicular  distance  measured  in  a  straight  line  from 
the  curb  level  to  the  highest  point  of  the  roof  beams  in  the 
case  of  flat  roofs,  and  to  the  average  of  the  height  of  the 
gable  in  the  case  of  pitched  roofs,  the  measurements  in  all 
cases  to  be.taken  through  the  centre  of  the  front  of  the 
house.  Where  a  dwelling  is  situated  on  a  terrace  above 
the  curb  level  such  height  shall  be  measured  from  the  level 
of  the  adjoining  ground.  Where  a  dwelling  is  on  a  corner 
lot  and  there  is  more  than  one  grade  or  level,  the  measure- 
ments shall  be  taken  through  the  centre  of  the  front  on  the 
street  having  the  lowest  elevation. 

NOTE:  Where  there  are  two  grades,  pressure  will  be  Explana- 
brought  to  bear  to  have  the  measurements  of  height  tion 
taken  from  the  higher  level  rather  than  the  lower,  thus 

4  49 


A    MODEL    HOUSING    LAW 


2  05),  06) 


Explana- 
tion 


Explana- 
tion 


permitting  a  higher  building.  In  some  cases,  depend- 
ing on  the  steepness  of  the  grade,  this  might  result  in 
non-fire-resistive  buildings  three  stories  high  at  one 
point  and  four  or  five  stories  high  throughout  most  of 
the  building,  thus  defeating  the  purpose  of  the  law 
to  keep  non-fire-resist ive  buildings  down  to  three 
stories.  (See  Section  52.) 

§2  (15)  CURB  LEVEL.  The  "curb  level"  is  the  level 
of  the  established  curb  in  front  of  the  building  measured 
at  the  centre  of  such  front.  Where  no  curb  has  been  es- 
tablished the  city  engineer,  or  other  officer  performing  such 
functions,  shall  establish  such  curb  level  or  its  equivalent 
for  the  purposes  of  this  act. 

NOTE:  It  will  not  do  to  let  each  irresponsible 
builder  or  owner  fix  the  curb  at  such  point  as  will  best 
suit  his  purposes;  this  should  be  done  by  some  re- 
sponsible public  official.  As  the  curb  level  is  thus 
fixed  only  "for  the  purposes  of  this  act,"  to  enable 
the  enforcing  official  to  determine  measurement  of 
height  and  the  conditions  of  occupancy  of  basement 
rooms,  the  health  officer  is  the  best  person  to  designate 
for  this  purpose.  Such  a  provision  is  invariably  not 
understood  by  members  of  the  legislature  and  is  often 
pointed  to  by  those  opposed  to  such  legislation  as 
evidence  of  the  "impractical"  nature  of  the  measure. 
It  is  better  not  to  furnish  any  ammunition  to  the 
enemy,  and  therefore  leave  this  to  be  determined  by 
the  city  engineer. 

§2  (16)  OCCUPIED  SPACES.  Outside  stairways,  fire- 
escapes,  fire  towers,  porches,1  platforms,  balconies,  boiler 
flues,  cornices,2  eaves,  and  other  projections  shall  be  con- 
sidered as  part  of  the  dwelling  and  not  as  part  of  the  yards 
or  courts  or  unoccupied  area. 

NOTE  i :  It  is  hardly  debatable  that  the  minimum 
open  spaces  left  unbuilt  upon  for  light  and  air  should 
be  left  entirely  unoccupied.  A  court  or  yard  filled  up 
with  fire-escapes  will  prove  of  little  value  for  light  and 
ventilation.  Some  difficulties  will  be  encountered, 
however,  in  the  case  of  porches.  In  the  smaller  cities 
the  back  porch  as  well  as  the  front  porch  is  an  insti- 

50 


§2   (1 7)  GENERAL    PROVISIONS 

S 

tution,  and  even  the  side  porch  in  the  case  of  the  de- 
tached house  is  much  desired,  especially  in  "double- 
houses.  "  In  such  cases  it  is  wise  to  permit  these,  but 
safeguarded  as  indicated  in  Concession  i .  Add  at  the 
end  of  the  first  sentence  after  "unoccupied  area"  the 
following: 

CONCESSION  i:  "This  provision  shall  not  apply  to  un-  Concession 
enclosed  outside  porches  not  exceeding  one  story  in  height 
which  do  not  extend  into  the  front  or  rear  yard  a  greater 
distance  than  TEN  feet  from  the  front  or  rear  wall  of  the 
dwelling;  nor  to  one  such  porch  which  does  not  extend 
into  the  side  yard  a  greater  distance  than  SIX  feet  from 
the  side  wall  of  the  dwelling  nor  exceed  TWELVE  feet 
in  its  other  horizontal  dimension/' 

NOTE  2:  Cornices  are  also  troublesome.  Where  Explana- 
the  house  has  a  peaked  roof  there  is  sure  to  be  an  tion 
overhanging  cornice.  This  will  do  little  harm  at  the 
front  or  rear  but  if  not  safeguarded  will  do  great  harm 
in  completely  shutting  light  and  air  out  of  the  side 
yard.  It  is  not  uncommon  to  see  two  overhanging 
cornices  of  adjoining  houses  meeting  over  the  side 
yards  completely  closing  them  in  at  the  top  and  effec- 
tually shutting  out  a  large  part  of  the  light.  The 
limit  of  projection  established  in  Concession  2  is  the 
absolute  limit.  Add  at  the  end  of  the  section  the  fol- 
lowing: 

CONCESSION  2:  "When  cornices  or  eaves  project  into  Concession 
an  outer  court  or  into  a  side  yard  for  a  distance  of  more 
than  EIGHTEEN  inches,  that  portion  in  excess  of  EIGH- 
TEEN inches  shall  be  considered  as  part  of  the  dwelling. 
Cornices  or  eaves  which  project  into  an  inner  court  to  any 
extent  shall  be  considered  as  part  of  the  dwelling/' 

§2  (17)  FIRE-RESISTIVE  DWELLING.  1  A  "fire-resistive 
dwelling"  is  one  the  walls  of  which  are  constructed  of 
brick,  stone,  cement,  iron  or  other  hard  incombustible 
material  and  in  which  there  are  no  wood  beams  or  lintels 
and  in  which  the  floors,  roofs,  stair  halls  and  public  halls 
are  built  entirely  of  brick,  stone,  cement,  iron,  or  other 


A    MODEL    HOUSING    LAW  §2   (l8) 

hard  incombustible  material,  and  in  which  no  woodwork2 
or  other  inflammable  material  is  used  in  any  of  the  parti- 
tions, furrings  or  ceilings.  But  this  definition  shall  not  be 
construed  as  prohibiting,  elsewhere  than  in  the  public  halls, 
the  use  of  wooden  floor3  sleepers,  grounds,  bucks,  and  nail- 
ing blocks  when  entirely  embedded  in  incombustible  mate- 
rial; nor  of  wooden  finish  flooring,  and  interior  doors  and 
windows,  with  their  frames,  trim  and  casings;  nor  of 
wooden  interior  finish  when  backed  solidly  with  fire- 
resistive  material;  nor  of  wooden  wainscoting  up  to  a 
height  of  three  feet  from  the  floor.  Wooden  ceilings  shall 
not  be  constructed. 

Explana-  NOTE  i :  This  defines  a  type  of  building  known  until 

recently  as  a" fireproof"  building.  In  recent  years  the 
best  authorities  on  Fire  Prevention,  notably  the  Na- 
tional Fire  Protection  Association  and  the  National 
Board  of  Fire  Underwriters  have  sought  to  get  away 
from  this  misleading  term;  for,  they  have  been  quick 
to  admit  that  there  is  no  such  thing  as  a  "fireproof" 
building.  The  best  any  one  can  hope  for  is  a  "fire- 
resistive"  one.  The  definition  follows  closely  the  de- 
finition of  the  National  Board  of  Fire  Underwriters  in 
their  "Recommended  Building  Code." 

NOTE  2:  This  definition  does  not  correspond  to 
what  may  be  termed  the  extra-fi re-resistive  building, 
in  which  it  is  required  that  all  doors,  windows,  win- 
dow frames,  and  trim  shall  be  of  metal  and  the  use  of 
wood  anywhere  is  prohibited.  Heretofore  this  extra- 
fi  re-resistive  construction  has  not  been  thought  nec- 
essary except  in  the  case  of  buildings  exceeding  150 
feet  in  height.  As  this  law  does  not  contemplate  the 
erection  of  any  building  over  100  feet  in  height,  the 
matter  of  extra  safeguards  may  safely  be  left  to  the 
local  building  code. 

NOTE  3:  Under  this  definition  it  should  be  noted 
that  in  "  fire-resistive  dwellings  "  ordinary  wooden  floors 
may  be  used  as  a  carpet  or  finish  on  top  of  a  struc- 
tural floor  of  strictly  fire-resistive  material;  but  not  in 
the  public  halls,  which  include  the  stair  halls. 

§2  (18)  WOODEN  BUILDING. x    A  "wooden  building"  is" 
a  building  of  which  the  exterior  walls  or  a  portion  thereof 

52 


§  2  (19),  (2O)  GENERAL    PROVISIONS 

are  of  wood.  Court  walls  are  exterior  walls.  A  building 
with  wooden  framework  veneered  with  brick,  stone,  terra 
cotta  or  concrete,  or  covered  with  plaster,  stucco  or  sheet 
metal  is  a  wooden  building  for  purposes  of  this  act. 

NOTE:    This  definition  practically  coincides  with   Explana- 
the  definition  in  the  "  Recommended  Building  Code"   tion 
of  the  National  Board  of  Fire  Underwriters. 

§2  (19)  NUISANCE.  The  word  "nuisance"  shall  be 
held  to  embrace  public  nuisance  as  known  at  common  law 
or  in  equity  jurisprudence;  and  whatever  is  dangerous  to 
human  life  or  detrimental  to  health;  whatever  dwelling 
is  overcrowded  with  occupants  or  is  not  provided  with  ade- 
quate ingress  and  egress  to  or  from  the  same,  or  is  not  suf- 
ficiently supported,  ventilated,  sewered,  drained,  cleaned 
or  lighted,  in  reference  to  its  intended  or  actual  use;  and 
whatever  renders  the  air  or  human  food  or  drink  unwhole- 
some, are  also  severally,  in  contemplation  of  this  act, 
nuisances;  and  all  such  nuisances  are  hereby  declared  il- 
legal. 

NOTE  :  The  common  law  right  of  every  community  Explana- 
to  abate  nuisances  exists  from  time  immemorial.  The 
broadening  of  the  definition  as  herein  indicated, 
therefore,  greatly  increases  the  powers  of  the  local 
officials  and  may  prove  a  very  valuable  weapon  if 
other  powers  granted  under  this  act  should  be  lost 
through  the  successful  action  of  hostile  interests. 
(See  Sections  112,  113.) 

§  2  (20)  CONSTRUCTION  OF  CERTAIN  WORDS. l  The  word 
"shall"2  is  always  mandatory  and  not  directory,  and  de- 
notes that  the  dwelling  shall  be  maintained3  in  all  respects 
according  to  the  mandate  as  long  as  it  continues  to  be  a 
dwelling.  Wherever  the  words  "charter,"  "ordinances," 
"regulations,"  "inspector  of  buildings,"  "health  depart- 
ment," "board  of  health,"  "health  officer,"  "department 
charged  with  the  enforcement  of  this  act,"  "commissioner 
of  public  safety,"  "corporation  counsel,"  "mayor,"  "city 
treasury,"  or  "fire  limits"  occur  in  this  act  they  shall  be 

53 


A    MODEL   HOUSING    LAW  §  2  (20) 

construed  as  if  followed  by  the  words  "of  the  city,  town 
or  village  in  which  the  dwelling  is  situated/'4  Wherever 
the  word  "city"  occurs  in  this  act  it  shall  be  construed  as 
if  followed  by  the  words  "  town  or  village/'  "  Inspector  of 
buildings"5  means  that  public  official  charged  with  the 
enforcement  of  the  laws  in  relation  to  the  construction  of 
buildings.  Wherever  the  words  "occupied"  or  "used"6 
are  employed  in  this  act  such  words  shall  be  construed  as  if 
followed  by  the  words  "or  is  intended,  arranged,  designed, 
built,  altered,  converted  to,  rented,  leased,  let  or  hired 
out,  to  be  occupied  or  used."  Wherever  the  words  "dwell- 
ing," "two-family-dwelling,"  "multiple-dwelling,"  "build- 
ing," "house,"  "premises,"  or  "lot"  are  used  in  this  act, 
they  shall  be  construed  as  if  followed  by  the  words  "or 
any  part  thereof."7  Wherever  the  words  "city  water"8 
are  used  in  this  act,  they  shall  be  construed  as  meaning  any 
public  supply  of  water  through  street  mains.  Wherever 
the  words  "public  sewer"  are  used  in  this  act  they  shall 
be  construed  as  meaning  any  part  of  a  system  of  sewers 
that  is  used  by  the  public,  whether  or  not  such  part  was 
constructed  at  the  public  expense.  "Approved  fire- 
resistive  material"  means  as  set  forth  by  ordinances,  or  if 
not  so  determined,  as  approved  by  the  inspector  of  build- 
ings. The  term  "fire-resistive"9  applies  to  materials  and 
construction  which  will  satisfactorily  resist  fire  in  accord- 
ance with  the  specifications  established  by  the  United 
States  Bureau  of  Standards  of  the  federal  government  and 
by  the  Joint  Conference  on  Fire  Tests. 

Explana-  NOTE  i :  The  purpose  of  this  section  is  to  simplify 

the  language  of  the  act  wherever  possible  and  avoid 
the  necessity  of  constantly  repeating  a  mass  of  verbi- 
age in  order  to  insure  precision  and  prevent  evasion 
of  the  law.  What  is  done  here  enables  us  to  "clear 
the  decks"  generally. 

NOTE  2:  In  some  cases  the  word  "shall"  has  been 
held  by  the  courts  to  mean  "may."  The  effect  of 
such  a  construction  is  to  make  vitally  important  sec- 
tions of  the  law  which  should  be  mandatory  and 
should  be  enforced  in  all  cases,  enforcible  only  in  the 
discretion  of  the  enforcing  officials.  This  defeats  the 

54 


§  2  (20) 


GENERAL    PROVISIONS 


purposes  of  the  act  and  encourages  graft  and  favor- 
itism. For  further  discussion  of  the  abuse  of  dis- 
cretionary power  see  "Housing  Reform /'pages  90-94.* 

NOTE  3:  The  phrase  "the  dwelling  shall  be  main- 
tained in  all  respects  according  to  the  mandate  as 
long  as  it  continues  to  be  a  dwelling"  has  the  effect 
of  preventing  the  subsequent  alteration  of  the  build- 
ing otherwise  than  in  accordance  with  the  law. 

NOTE  4:  If  the  application  of  the  act  is  limited  to 
one  city,  this  sentence  should  be  omitted. 

NOTE  5:  In  some  cities  there  is  no  inspector  of 
buildings.  In  such  cases  it  is  therefore  necessary  to 
provide  for  this  contingency  by  permitting  the  mayor 
to  designate  the  fire  marshal,  or  fire  chief,  or  police  chief 
or  some  other  appropriate  person.  Add  after  "the  con- 
struction of  buildings"  the  following: 

VARIATION:  "  Where  there  is  no  such  official,  the  mayor  Variation 
shall  designate  someone  so  to  act  for  the  purposes  of  this 
act." 

NOTE  6:  This  is  vitally  important;  without  it  the  Explana- 
whole  law  can  be  made  of  no  avail.  In  the  case  of 
new  buildings,  an  architect  or  builder  could  refuse  to 
comply  with  the  law  on  the  ground  that  his  building 
was  not  occupied  by  three  families — being  occupied 
by  no  one,  not  yet  being  built,  and  therefore  did  not 
come  under  the  definition  of  a  multiple  dwelling. 
This  is  not  a  fanciful  view,  though  it  may  seem  so; 
there  have  been  cities  where  this  has  been  done  and 
where  friendly  public  officials  have  acquiesced  in 
such  an  interpretation.  The  phrase  "or  is  intended, 
arranged,  designed,  built,  altered,  converted"  covers 
this  loophole. 

Similarly  in  some  cities  where  occupancy  by  three 
families  constitutes  a  building  a  tenement  house, 
owners  have  adopted  the  device  of  temporarily  put- 
ting out  one  family  and  then  claiming  that  the  build- 
ing is  not  a  tenement  house  as  it  is  then  occupied  by 
only  two  families.  This  has  been  successful  even 
where  the  building  is  a  three-story  one  with  three 
separate  apartments  in  it  and  clearly  arranged  for 
occupancy  by  three  separate  families.  The  phrase 

*  Housing  Reform.     By  Lawrence  Veiller.     Russell  Sage  Foundation 
Publication.     New  York,  1910. 

55 


tion 


A    MODEL    HOUSING    LAW  §  2  (2  I ) 

"arranged,  built,  altered,  converted  to,  rented,  leased, 
let  or  hired  out  to  be  occupied"  covers  this  loophole. 

NOTE  7:  Without  this  provision  the  law  could  be 
easily  evaded.  All  that  an  owner  would  need  to  do 
to  escape  compliance  with  the  law  would  be  to  have 
his  building  an  "office"  building,  or  "loft,"  or  some 
other  type  of  building  and  use  part  of  it  as  a  dwelling 
or  multiple  dwelling. 

NOTE  8:  This  is  necessary;  for,  in  some  com- 
munities not  only  is  water  supplied  to-  the  whole 
town  by  private  contract  but  even  a  system  of  sewage 
disposal  is  thus  installed  and  maintained.  Such  a 
system  for  purposes  of  this  act  is  the  equivalent  of  a 
system  of  public  sewers  and  communal  water  supply. 

NOTE  9:  This  definition  is  the  definition  adopted  by 
the  National  Fire  Protection  Association  on  the  recom- 
mendation of  its  Committee  on  Nomenclature.  It 
is  based  on  the  conclusions  and  deliberations  of  a 
joint  conference  of  the  following  technical  societies 
interested  in  the  subject:  National  Fire  Protection 
Association,  American  Society  for  Testing  Materials, 
U.  S.  Bureau  of  Standards,  National  Board  of  Fire 
Underwriters,  Underwriters'  Laboratories,  Associated 
Factory  Mutual  Fire  Insurance  Companies,  American 
Institute  of  Architects,  American  Concrete  Institute, 
American  Society  of  Mechanical  Engineers,  American 
Society  of  Civil  Engineers,  Canadian  Society  of  Civil 
Engineers.  The  "specifications"  referred  to  are  in 
official  use  in  the  control  of  fire  tests  at  the  Under- 
writers' Laboratories  and  by  the  U.  S.  Bureau  of 
Standards.  The  specifications  deal  with  the  following 
subjects:  Control  of  Fire  Tests,  the  Time  Temper- 
ature Control  Curve,  Determination  of  Temperatures, 
Test  Structures,  Test  Sample,  Fire  Test,  Fire  Stream 
Test,  Application  of  Water,  etc.  For  further  details  of 
these  specifications  see  pamphlet  issued  by  National 
Fire  Protection  Association,  87  Milk  Street,  Boston, 
October  1918,  entitled  "Consolidated  and  Revised 
Reports  of  the  Committee  on  Fire-resistive  Construc- 
tion for  the  years  1913-1918,  inclusive." 

§2  (21)  STREET.  Wherever  the  word  "street"  is  used 
in  this  act  it  shall  be  construed  as  including  any  public 
alley  SIXTEEN  feet  or  more  in  width.  Where  a  street 
immediately  abuts  and  approximately  parallels  a  public 


§  3  GENERAL    PROVISIONS 

park,  public  place,  railroad  right  of  way,  aqueduct,  river  or 
lake,  ravine  or  similar  formation  assuring  a  permanent 
open  space,  the  street,  for  purposes  of  this  act,  shall  be 
deemed  to  include  such  above-named  open  spaces.  Where 
such  open  space  immediately  abuts  the  rear  of  a  lot  so  as 
to  afford  an  open  space  the  equivalent  of  a  street  or  alley 
it  shall  be  treated  as  a  street  or  alley. 

NOTE:  In  cities  where  there  are  alleys  it  is  neces-  Explana- 
sary  to  treat  the  larger  ones  that  are  public  thorough-  tion 
fares  as  streets.  What  the  dividing  line  between 
street  and  alley  is  it  is  hard  to  say,  but  width  and  pub- 
lic ownership  rather  than  private  ownership  are  two 
determining  factors  at  least.  By  means  of  this 
clause  it  is  made  impossible  to  erect  tall  dwellings  on 
narrow  alleys,  as  they  must  be  treated  as  streets  and 
the  height  of  the  building  limited  to  the  width  of  the 
alley.  (See  Section  2 1 .)  This  clause  also  has  an  im- 
portant bearing  on  Sections  28,  31,  37,  38,  48,  71  and 
1 20.  Without  it,  it  would  not  be  lawful  to  use  an  alley 
1 6  feet  wide  as  a  means  of  light  and  ventilation.  It  is 
obvious  that  this  should  be  permitted.  It  should  be 
noted  that  only  a  public  alley  is  to  be  deemed  a  street, 
that  is,  one  of  which  the  city  owns  the  fee;  this  is 
eminently  fair,  as  private  alleys  can  be  closed  or  aban- 
doned and  thus  lose  their  value  as  a  permanent  source 
of  light  and  ventilation.  The  determination  of  how 
narrow  an  alley  should  be  recognized  as  a  lawful 
source  of  light  and  ventilation  will  necessarily  vary 
in  each  city,  depending  on  the  custom  or  prevailing 
width  in  that  city.  The  standard  in  the  law  should 
harmonize  with  the  prevailing  local  conditions  so 
far  as  practicable. 

§  3.  BUILDINGS  CONVERTED  OR  ALTERED.1  A  building 
not  a  dwelling  if  hereafter  converted  or  altered  to  such  use 
shall  thereupon  become  subject  to  all  the  provisions  of  this 
act  relative  to  dwellings  hereafter  erected.  A  dwelling 
of  one  class  if  hereafter  altered  or  converted  to  another 
class  shall  thereupon  become  subject  to  all  the  provisions 
of  this  act  relative  to  such  class.2  The  lawful  taking  in  of 
roomers,  boarders  or  lodgers  into  a  private  dwelling  or  two- 
family  dwelling  as  authorized  by  section  one  hundred  and 

57 


A    MODEL    HOUSING    LAW  §  3 

eleven  shall  not  of  itself  be  deemed  to  change  the  class  of 
such  dwelling  to  that  of  a  multiple-dwelling,  unless  the 
health  officer  shall  so  decide. 

NOTE  1 1    Without  this  provision  the  law  can  be 

.  .  111  •  11  i'ii. 

completely  evaded  by  erecting  all  new  buildings  in 
the  guise  of  "alterations"  to  existing  buildings.  In  a 
well-known  Eastern  city  a  few  years  ago  when  there 
was  a  somewhat  drastic  tenement  house  law  on  the 
statute  books  affecting  only  new  construction,  it 
happened  that  for  a  period  of  several  years  few  new 
houses  were  built.  Upon  inquiry  it  developed  that 
all  building  operations  were  "alterations/'  Plans 
would  be  filed  for  the  "alteration"  of  an  existing 
building;  one  portion  of  the  building  would  be  left 
standing  while  the  new  work  was  going  on  in  another 
portion,  and  then  the  remaining  portion  would  be 
torn  down  and  the  new  work  extended  there  until  a 
completely  new  building  was  erected,  without  com- 
pliance with  the  law,  as  the  law  did  not  apply  to 
alterations. 

Irrespective  of  these  considerations,  it  is  obvious 
that  it  would  be  both  unfair  and  unwise  to  permit 
the  alteration  of  existing  buildings  to  a  changed  use 
without  enforcing  compliance  with  the  terms  of  the 
act  applicable  to  new  buildings,  as  the  effect  of  such  a 
policy  would  necessarily  be  to  prevent  the  construc- 
tion of  new  houses,  thus  perpetuating  the  evils  of  the 
older  buildings  and  indefinitely  extending  their  lease 
of  life. 

NOTE  2:  In  recent  years  with  the  serious  house 
shortage  that  has  developed  throughout  the  country 
because  of  the  almost  complete  cessation  of  building 
activities  during  the  War,  and  the  subsequent  high 
cost  of  building  due  to  high  prices,  strong  pressure 
has  been  brought  in  several  cities  to  permit  the  use  of 
old  private  dwellings  for  multiple  dwellings  of  various 
kinds  without  complying  with  the  provisions  of  law 
which  the  Model  Law  requires  to  be  observed  in  the 
erection  of  new  multiple  dwellings. 

Notwithstanding  the  clamor  of  private  interests 
that  will  arise — for,  every  owner  of  an  old  dwelling 
will  naturally  be  desirous  of  finding  a  profitable  use 
for  property  that  has  ceased  to  be  profitable  and  will 
be  urgent  in  demanding  that  the  housing  shortage  be 

58 


§  3  GENERAL    PROVISIONS 

met  and  that  people  without  homes  shall  be  housed — 
notwithstanding  this,  housing  reformers  should  oppose 
to  the  limit  any  proposal  to  thus  prolong  the  life  of 
old  buildings  not  suited  for  the  use  to  which  it  is 
proposed  to  put  them. 

From  time  immemorial,  as  every  report  on  housing 
conditions  in  America  will  bear  out,  the  worst  condi- 
tions are  invariably  found  in  this  type  of  building, 
viz.,  the  converted  dwelling.  If  it  is  desired  to  create 
and  perpetuate  slums  this  is  the  way  to  do  it,  by 
legalizing  the  improper  use  of  buildings  that  are  un- 
sanitary and  a  menace  to  both  the  health  and  safety 
of  the  occupants. 

There  is  of  course  no  objection  to  altering  an  old 
dwelling  into  a  tenement  house,  provided  the  neces- 
sary sanitary  and  safety  precautions  are  observed, 
just  as  would  be  done  in  the  case  of  .a  new  dwelling 
now  being  erected  and  as  this  section  of  the  law  re- 
quires. But  what  the  owners  of  old  dwellings  want  is 
permission  to  use  these  buildings  without  observing 
such  precautions.  If  the  old  buildings  have  dark  in- 
terior rooms  in  them — breeders  of  tuberculosis  though 
they  are — it  will  be  found  that  the  owners  want  to 
be  permitted  to  use  them;  if  the  houses  are  fire-traps 
with  inflammable  wooden  stairs  and  dangerous  hall 
partitions — conditions  dangerous  enough  for  one 
family  but  unspeakably  hazardous  for  three  families — 
nevertheless,  it  will  be  found  that  the  owners  will  still 
want  permission  to  use  the  houses  just  as  they  are. 
Such  things  should  not  be  permitted.  No  considera- 
tion of  expediency  nor  insistence  of  private  interests 
should  be  allowed  to  prevail  over  the  clearly  recog- 
nized necessity  of  protecting  the  health  and  safety  of 
the  community. 

An  additional  reason  against  permitting  such  use 
of  old  buildings  is  the  effect  that  such  unfair  compe- 
tition will  have  on  the  production  of  new  dwellings. 
Few  new  dwellings  will  be  built  so  long  as  there  are 
old  buildings  that  can  be  turned  to  such  use  at  almost 
no  expense.  No  new  dwelling  that  has  to  comply 
with  all  the  provisions  of  a  housing  law  can  compete 
economically  with  an  old  building  that  has  to  comply 
with  no  provision  of  law.  It  is  an  unfair  competition. 
It  should  not  be  tolerated.  Builders  and  building 
material  interests  should  be  quick  to  oppose  it. 

59 


A    MODEL    HOUSING    LAW  §  4 

§  4.  ALTERATIONS  AND  CHANGE  IN  OCCUPANCY.  1  No 
dwelling  hereafter  erected  shall  at  any  time  be  altered  so 
as  to  be  in  violation  of  any  provision  of  this  act.  And  no 
dwelling  erected  prior  to  the  passage  of  this  act  shall  at 
any  time  be  altered  so  as  to  be  in  violation  of  those  pro- 
visions of  this  act  applicable  to  such  dwelling.  If  any 
dwelling  or  any  part  thereof  is  occupied  by  more  families 
than  provided  in  this  act,  or  is  erected,  altered  or  occupied 
contrary  to  law,2  such  dwelling  shall  be  deemed  an  un- 
lawful structure,  and  the  health  officer  may  cause  such 
dwelling  to  be  vacated.  And  such  dwelling  shall  not  again 
be  occupied  until  it  or  its  occupation,  as  the  case  may  be, 
has  been  made  to  conform  to  the  law. 

Explana-  NOTE  i-:    This  section  should  be  read  with  care. 

It  distinguishes  between  two  kinds  of  dwellings; 
namely,  those  erected  under  the  terms  of  the  act,  and 
those  erected  before  its  passage.  It  is  obvious  that 
it  should  not  be  possible  to  erect  a  new  dwelling  in 
compliance  with  the  act  and  then  a  few  years  later 
alter  it  contrary  to  its  requirements.  If  this  were 
possible  the  law  would  not  be  worth  much.  In  the 
case  of  dwellings  erected  before  its  passage,  on  the 
other  hand,  it  would  be  unreasonable  to  forbid 
the  alteration  of  such  a  building  unless  it  complied 
with  the  requirements  applicable  to  new  ones.  The 
effect  of  such  a  requirement  would  be  to  stop  all  im- 
provement to  the  older  buildings.  What  this  sec- 
tion does  is  to  prohibit  the  alteration  of  such  a  build- 
ing so  as  to  be  at  variance  with  the  provisions  rela- 
tive to  such  buildings  only  and  not  to  new  buildings; 
namely,  Articles  III,  IV  and  V.  To  illustrate,  an 
existing  dwelling  built  some  years  prior  to  the  pas- 
sage of  the  law  might  occupy  80  per  cent  of  the  lot, 
and  it  might  be  desired  to  alter  this  building  in 
the  interior,  rearranging  partitions,  throwing  several 
small  dark  rooms  into  one  large  lighter  room,  and 
thus  greatly  improving  the  conditions,  but  not  ex- 
tending the  building,  nor  increasing  the  percentage 
of  the  lot  occupied.  Such  an  improvement  should  of 
course  be  permitted,  but  would  not  be  possible  if  the 
law  prohibited  the  alteration  of  an  existing  building 
except  in  conformity  with  the  provisions  of  the  act 
60 


§  5  GENERAL    PROVISIONS 

relative  to  new  dwellings,  as  is  required  in  some  care- 
lessly drawn  building  codes.     On  the  other  hand,  it 
should  not  be  possible  to  create  new  dark  rooms  in 
an  old  building,  where  none  were  before.     Both  thes 
points  are  safeguarded  in  this  section. 

NOTE  2:  The  special  proviso  as  to  change  in  occu- 
pancy is  necessary  because  of  the  fact  that  the  use  and 
character  of  a  building  may  be  completely  changed 
without  any  structural  alteration  whatever,  merely 
by  changed  occupancy;  without  such  a  provision 
some  courts  have  had  a  tendency  to  construe  the  law 
narrowly  and  hold  that  change  in  use  is  not  altera- 
tion. 

§  5.  DWELLINGS  MOVED. 1  If  any  dwelling  be*  hereafter 
moved  from  one  lot  to  another  it  shall  thereupon  be  made 
to  conform  to  all  the  provisions  of  this  act  relative  to 
dwellings  hereafter  erected.  Except  that  in  cases  where 
such  dwelling  fails  to  so  conform  in  some  few  technical2 
respects,  the  health  officer  may  in  his  discretion2  grant  a 
permit  for  the  moving  of  such  dwelling;  provided,  how- 
ever, in  his  opinion  the  spirit  of  the  law  will  be  observed 
and  no  condition  injurious  to  health  or  safety  will  result 
therefrom.  In  all  such  cases  he  shall  file  among  the  pub- 
lic records  of  his  department  a  statement  in  writing  duly 
signed  by  him,  setting  forth  in  detail  the  respects  in  which 
such  dwelling  fails  to  conform  to  the  law  and  his  reasons 
for  granting  such  permit. 

NOTE  i :  An  ingenious  way  of  beating  the  law  has  Explana- 
been  employed  in  some  cities  by  moving  an  old  build- 
ing  from  one  location  to  a  lot  that  was  before  vacant, 
thus  putting  a  new  building  where  no  building  was 
before;  as  such  building  was  not  one  "hereafter 
erected  or  altered,"  the  law  did  not  apply.  This 
section  prevents  this  method  of  evasion. 

NOTE  2:  It  has  been  found  in  practice  that  in  some 
cases  considerable  hardship  results  where  the  law  re- 
quires a  dwelling  moved  from  one  lot  to  another  to 
be  treated  as  a  new  building.  Such  dwellings  may 
contain  rooms  that  are  a  few  inches  less  in  area  or  in 
height  than  the  minimum  requirements  for  new  dwell- 
ings. Obviously,  they  cannot  be  altered  to  conform 
61 


A    MODEL    HOUSING    LAW  §§  6,  7 

to  the  law  except  at  prohibitive  cost.  It  is  therefore 
necessary  to  vest  the  enforcing  officials  with  some  de- 
gree of  discretion  in  such  cases,  while  at  the  same 
time  safeguarding  against  the  abuse  of  it.  The  friends 
of  the  law  will  need  to  be  on  their  guard;  if  they  are 
not  careful,  strong  pressure  will  be  brought  to  extend 
this  use  of  discretionary  power  to  other  features  of 
the  law,  with  very  serious  consequences  to  the  integ- 
rity of  the  whole  law.  For  discussion  of  the  abuse  of 
discretionary  power  see  "  Housing  Reform/'  pages  90- 
94.* 

§  6.  DWELLINGS  DAMAGED.  If  a  dwelling  be  damaged 
by  fire  or  other  cause  to  the  extent  of  not  more  than  ON  E 
HALF  of 'its  original  value,  exclusive  of  the  value  of  the 
foundations,  such  dwelling  in  being  repaired  or  rebuilt 
need  not  comply  with  the  provisions  of  this  act  relative 
to  dwellings  hereafter  erected,  but  shall  comply  with  the 
provisions  of  the  laws  or  ordinances  in  force  prior  to  the 
passage  of  this  act.  If  damaged  to  the  extent  of  more 
than  ONE  HALF  of  such  value,  it  shall  not  be  repaired 
or  rebuilt  except  in  conformity  with  the  provisions  of  this 
act  relative  to  dwellings  hereafter  erected. 

Explana-  NOTE:  In  some  communities  considerable  objection 

tion  has  been  made  even  to  this  very  liberal  provision; 

strong  individualists  believing  that  if  a  man's  house 
burns  down  he  ought  to  be  allowed  to  "restore"  it 
exactly  as  it  was.  Where  it  is  a  slight  fire  he  cer- 
tainly ought  to  be  able  to  restore  it  to  its  previous 
condition.  But  where  the  building  is  destroyed  or 
approximately  so,  he  ought  not  be  allowed  to  perpet- 
uate an  outlawed  type  of  construction,  and  foist  upon 
the  community  an  objectionable  type  of  house  and 
thus  enjoy  an  unfair  advantage  over  his  competitors 
who  would  not  be  allowed  to  build  such  a  house,  if 
building  anew.  If  strong  opposition  to  this  provision 
develops,  it  is  suggested  that  the  words  ONE  HALF 
be  changed  to  TWO  THIRDS. 

§7.  MINIMUM  REQUIREMENTS;*  LAW  NOT  TO  BE  MODI- 
FIED. The  provisions  of  this  act  shall  be  held  to  be  the 

*Housing  Reform.  By  Lawrence  Veiller,  Russell  Sage  Foundation, 
New  York,  1910. 

62 


§  7  GENERAL    PROVISIONS 

minimum  requirements  adopted  for  the  protection  of  the 
health,  welfare  and  safety  of  the  community.3  The  local 
legislative  body  of  each  city  is  hereby  empowered  to 
enact  from  time  to  time  supplementary  ordinances  im- 
posing requirements  higher2  than  the  minimum  require- 
ments laid  down  in  this  act,  relative  to  light,  ventilation, 
sanitation,  fire  prevention,  egress,  occupancy,  mainte- 
nance and  use,  for  all  dwellings.  And  such  local  legislative 
body  is  hereby  further  empowered  to  prescribe  for  the 
enforcement  of  the  aforesaid  supplementary  ordinances 
remedies4  and  penalties  similar  to  those  prescribed  in  this 
act.  But  no  ordinance,  regulation,  ruling  or  decision  of 
any  municipal  body,  board,  officer  or  authority  shall 
repeal,  amend,  modify  or  dispense  with  any  of  the  said 
minimum  requirements6  laid  down  in  this  act.5  Wherever 
this  act  requires  a  greater  width  or  size  of  yards  or  courts, 
or  requires  a  lower  height  of  building,  or  requires  a  greater 
percentage  of  lot  to  be  left  unoccupied,  or  imposes  any 
other  higher  standard  than  is  required  in  any  local  ordi- 
nance or  regulation,  the  provisions  of  this  act  shall  govern. 
Wherever  the  provisions  of  any  local  ordinance  or  regula- 
tion require  a  greater  width  or  size  of  yards  or  courts,  or 
require  a  lower  height  of  building,  or  require  a  greater 
percentage  of  lot  to  be  left  unoccupied,  or  impose  any 
other  higher  standard  than  is  required  in  this  act,  such 
local  ordinance  or  regulation  shall  govern. 

NOTE  i:  This  "Home  Rule"  provision  of  the  act  Explana- 
is  a  vitally  important  one  in  its  different  bearings,  tion 
In  the  first  place,  it  effectively  silences  opposition  to 
the  act  raised  by  special  interests  who  are  adversely 
affected  by  its  provisions  and  who,  as  an  effective 
means  of  choking  off  all  legislation,  seek  to  raise  the 
"Home  Rule  issue";  namely,  objection  to  the  pas- 
sage of  a  statute  on  this  subject  as  distinguished  from 
a  local  ordinance.*  No  one  is  able  to  advance  any 
argument  against  the  propriety  of  the  state's  embody- 
ing in  the  fundamental  law  the  minimum  require- 

*  For  discussion  of  the  advantages  of  a  state  law  as  against  a  local 
ordinance,  see  Housing  Reform,  pp.  151-153. 

63 


A    MODEL   HOUSING    LAW  §  J 

ments  necessary  for  the  protection  of  the  "health, 
welfare  and  safety  of  the  community,"  especially 
when  at  the  same  time  a  liberal  grant  of  power  is 
given  to  each  community  to  enact  supplementary 
ordinances  on  this  subject. 

NOTE  2 :  The  method  herein  employed  also  becomes 
at  times  the  only  practical  way  of  harmonizing  the 
conflicting  standards  of  different  cities  in  the  same 
state  where  a  provision  of  law  that  is  acceptable  to 
one  city  is  felt  to  be  too  drastic  by  another  city  in 
which  certain  evils  have  become  more  firmly  in- 
trenched or  where  land  values  are  higher  or  pressure 
of  population  greater.  Standards  can  accordingly 
be  set  at  a  level  that  will  satisfy  all  concerned  and 
the  cities  which  wish  higher  standards  are  free  to 
adopt  them  by  means  of  local  ordinances. 

NOTE  3:  The  declaration  of  the  fundamental  pur- 
poses of  the  act  as  an  exercise  of  the  police  power  of 
the  state,  embodied  in  the  first  sentence  of  this  sec- 
tion, should  prove  helpful  in  litigation  in  the  event  of 
the  constitutionality  of  the  act  being  challenged. 

NOTE  4:  It  is  necessary  to  grant  specifically  to  the 
local  authorities  the  right  to  prescribe  certain  penal- 
ties and  remedies  for  the  enforcement  of  the  supple- 
mentary ordinances,  otherwise  these  ordinances  may 
not  be  effective.  A  board  of  aldermen  has  not  ipso 
facto  the  right  to  provide  for  injunction  proceedings, 
proceedings  in  rem,  and  so  forth.  Unless  otherwise 
provided  by  statute,  a  violation  of  a  corporation  or- 
dinance is  liable  to  be  a  "violation  of  an  ordinance" 
and  no  more,  punishable  only  by  a  small  fine. 

NOTE  5 :  The  most  important  part  of  this  section, 
in  fact  of  the  whole  act,  is  found  in  this  sentence,* 
which  seeks  to  prevent  the  misuse  of  discretionary 
power.  There  is  little  use  in  working  out  with 
minute  care  the  standards  to  be  observed  to  secure 
adequate  light  and  ventilation,  proper  sanitation  or 
safety  in  case  of  fire,  if  some  local  official  has  the 
power  at  any  time  to  set  aside  or  modify  at  his  pleas- 
ure these  essential  requirements.  In  many  cities 
boards  of  appeal  exist  in  connection  with  the  depart- 
ment of  buildings,  who  exercise  the  power  to  modify 
and  set  aside  the  law  in  particular  cases.  Under  the 
terms  of  this  section  no  one,  neither  board  nor  official, 
will  have  such  power  so  far  as  this  law  is  concerned. 


§  §  8,  9  GENERAL    PROVISIONS 

This  is  as  it  should  be.  Under  no  other  method  can 
we  have  proper  law  enforcement.  Every  citizen 
has  a  right  to  know  that  he  is  being  treated  on  the 
same  basis  as  everyone  else  and  that  no  one  can  re- 
ceive special  privileges,  and  especially  to  know  clearly 
what  the  law  is  and  what  can  be  done  and  what  can- 
not be  done.*  If  the  law  is  wrong  the  thing  to  do  is 
to  amend  it,  whether  it  be  a  statute  or  an  ordinance; 
not  give  to  some  administrative  officer  the  power 
to  set  the  law  aside.  Such  a  scheme  undermines  the 
basic  principles  upon  which  the  government  of  this 
country  rests.  It  will  not  do  in  this  instance  any 
more  than  it  will  in  others  to  confuse  the  legislative, 
judicial  and  administrative  functions.  The  laws 
should  be  made  by  the  legislature,  not  by  the  inspec- 
tor of  buildings. 

NOTE  6:  It  should  be  noted  that  the  power  given 
to  the  local  authorities  is  to  impose  higher  or  stricter 
standards,  and  that  they  are  expressly  prohibited 
from  lowering  the  standards  embodied  in  the  act. 
If  such  an  attempt  is  made,  as  it  is  likely  to  be,  such 
an  ordinance  in  the  face  of  this  provision  would  be 
null  and  void. 

§  8.  DWELLING  CONSTRUCTION.  Except  as  herein  other- 
wise specified,  every  dwelling  shall  be  constructed  and 
maintained  in  conformity  with  the  existing  laws  and 
ordinances. 

NOTE:  This  provision  is  necessary,  otherwise  it  may  ^Xpiana- 
be  claimed  by  shrewd  attorneys  that  the  passage  of 
this  act  has  repealed  all  existing  laws  and  ordinances 
having  to  do  with  dwellings,  such  as  a  local  building 
code,  for  example.  All  that  is  desired  is  to  have  this 
statute  supersede  any  laws  that  may  be  in  conflict 
with  it.  Most  of  the  provisions  of  a  local  building 
code  having  to  do  with  strength  and  quality  of  mate- 
rials should,  of  course,  be  retained. 

§  9.  SEWER  CONNECTIONS  AND  WATER  SUPPLY. l  The 
provisions  of  this  act  with  reference  to  sewer  connections 
and  water  supply  shall  be  deemed  to  apply  only  where  con- 

*  For  discussion  of  the  abuse  of  discretionary  power,  see  Housing 
Reform,  pp.  90—94. 

5  65 


A   MODEL   HOUSING    LAW  §  9 

nection  with  a  public  sewer  or  with  city  water  mains  is  or 
becomes  reasonably  accessible,  and  such  connection  shall 
be  deemed  to  be  reasonably  accessible  when  such  public 
sewer  or  city  water  mains  are  within  a  distance  of  one  hun- 
dred feet  of  any  outside  line  of  the  lot  upon  which  the 
dwelling  may  be  situated.  Wherever  there  is  no  public 
sewer  reasonably  accessible,  but  there  is  city  water,2  the 
required  plumbing  for  the  dwelling  shall  be  connected  to  a 
cesspool,  septic  tank  or  other  means  of  sewage  disposal 
approved  by  the  board  of  health,  provided  that  the  nature 
of  the  soil  is  such  in  the  opinion  of  the  board  of  health  that 
such  device  can  properly  take  care  of  the  sewage  from  said 
plumbing  system.  Where  it  is  found  by  the  said  board  of 
health  to  be  impracticable,  owing  to  the  nature  of  the  soil 
adjacent  to  said  dwelling  to  construct  such  a  device,  a 
water-proof  and  fly-proof  privy  vault  or  other  approved 
sanitary  privy  or  similar  device  may  be  used  temporarily3 
for  such  dwelling  until  such  time  as  a  public  sewer  is  pro- 
vided reasonably  accessible  to  such  dwelling.  Whenever 
a  public  sewer  is  so  provided  the  owner  of  the  dwelling 
shall  at  once  connect  the  plumbing  system  of  the  dwelling 
with  such  sewer. 

Explana-  NOTE  i :    It  is,  of  course,  impracticable  to  require 

tjon  running  water  where  there  is  no  city  water,  or  to 

require  the  installation  of  water-closets  where  there 
is  no  public  water  supply.  There  are,  however,  cases 
where,  while  there  is  no  sewer  in  the  street  in  front  of 
the  house,  it  is  possible  to  connect  to  a  public  sewer 
not  far  distant  by  means  of  a  private  sewer. 

NOTE  2:  It  sometimes  happens  that  there  is  a  city 
water  supply  before  a  system  of  public  sewers  is  in- 
stalled. Under  such  circumstances  there  is  no  reason 
why  the  people  should  not  have  water-closets  and  bath 
tubs.  With  a  proper  system  of  cesspools  or  septic 
tanks  as  temporary  expedients  until  public  sewers  are 
installed,  the  dangerous  and  malodorous  privy  vault 
need  not  be  tolerated,  thus  doing  away  with  the  dan- 
ger of  fly-borne  disease. 

NOTE  3 :  At  the  time  a  house  is  built  there  may  be 
no  sewer  adjacent  to  which  connection  can  be  made 
66 


§§  10,    II  GENERAL    PROVISIONS 

and  therefore  a  privy  must  be  tolerated.  A  year  later 
a  sewer  is  extended  to  that  neighborhood.  The 
health  officer  should  be  free  under  these  circumstances 
to  order  the  privy  removed,  modern  conveniences  in- 
stalled, and  the  house  connected  to  the  street  sewer. 
NOTE  4:  The  importance  of  this  section  is  to  be  ob- 
served in  connection  with  Sections  46,  47,  48,  49,  93, 
98,  99,  100  and  124. 


§  10.  STATE  BOARD  OF  HEALTH.  The  state  board  of 
health  shall  have  power  to  examine  into  the  enforcement 
of  this  act  in  each  city.  Whenever  required  by  the  gov- 
ernor it  shall  make  such  an  examination  and  shall  report 
the  results  thereof  to  the  governor  within  the  time  pre- 
scribed by  him. 

NOTE:  This  is  a  wholesome  check  on  local  boards  of  Explana- 
health  and  may  prove  to  be  useful  where  it  is  difficult  tion 
to  secure  proper  law  enforcement.     It  is  a  power  to 
hold  in  reserve  and  use  only  as  a  last  resort. 

§  n.  TIME  FOR  COMPLIANCE.  All  improvements  spe- 
cifically required  by  Article  V  of  this  act  upon  dwellings 
erected  prior  to  the  date  of  its  passage  shall  be  made  with- 
in ONE  YEAR1  from  said  date,  or  at  such  earlier2  period 
as  may  be  fixed  by  the  health  officer. 

NOTE  i :   It  is  but  reasonable  to  allow  a  year's  time  Explana- 
to  owners  of  the  older  houses  to  make  those  improve-  tion 
ments  in  their  buildings  which  are  required  as  a  mat- 
ter of  compulsion  by  the  act  (Article  V),  as  some  of 
these  involve  considerable  expense. 

NOTE  2:  It  should  be  noted  that  the  health  officials 
are  given  power,  however,  to  deal  with  exceptional 
cases  immediately  and  to  require  the  improvements 
in  such  cases  at  an  earlier  time.  Thus  in  the  case  of  a 
leaky  and  defective  privy  vault  which  required  im- 
mediate attention,  it  would  be  possible  to  demand 
the  prompt  removal  of  the  vault  and  the  substitution 
of  modern  sanitary  conveniences,  instead  of  patching 
up  the  vault  and  then  a  year  later  removing  it. 

67 


A    MODEL   HOUSING    LAW  §  12 

§  12.  APPLICATION.  All  the  provisions  of  this  act  shall 
apply  to  all  classes  of  dwellings,  except  that  in  sections 
where  specific  reference  is  made  to  one  or  more  specific 
classes  of  dwellings  such  provisions  shall  apply  only  to 
those  specific  classes  to  which  such  reference  is  made.  All 
provisions  which  relate  to  dwellings  shall  apply  to  all 
classes  of  dwellings. 


68 


ARTICLE  II 
DWELLINGS  HEREAFTER  ERECTED2 

In  this  article  will  be  found  the  provisions  which  must 
be  observed  when  a  person  proposes  to  build  a  new  dwell- 
ing or  to  convert  or  alter  to  such  purposes  a  building  which 
is  not  a  dwelling.1 

NOTE  i :    The  descriptive  note  which  follows  the  Explana- 
caption  of  each  Article  is  explanatory,  and  has  little  tion 
legal  significance.     It  is,  however,  very  useful  to  the 
layman  who  has  to  use  the  law  and  if  it  has  to  be 
omitted  in  the  statute  because  of  local  legislative 
rules  it  should  be  included  in  the  edition  of  the  law 
subsequently  printed  by  the  city  authorities  for  the 
use  of  the  public. 

NOTE  2:  While  each  Article  accurately  states  the 
extent  of  its  application,  namely,  whether  it  applies 
solely  to  New  Dwellings,  to  the  Alteration  of  Dwellings, 
to  Maintenance,  or  to  the  Improvement  of  Existing 
Dwellings,  it  is  not  safe  to  rely  on  these  captions, 
owing  to  changes  that  may  take  place  in  the  structure 
of  the  act  through  subsequent  amendments.  The 
only  safe  course  is  to  have  each  section  stand  on  its 
own  bottom.  Therefore,  in  every  section  which  re- 
lates to  new  dwellings,  the  phrase  "dwelling  hereafter 
erected"  is  always  repeated  in  each  case;  similar 
procedure  is  followed  in  the  other  Articles  of  the  act. 

NOTE  3:  Following  the  custom  in  many  states, 
gaps  are  purposely  left  in  the  numbering  of  the  sec- 
tions so  as  to  provide  for  new  sections  which  later  it 
may  be  found  necessary  to  enact,  thus  preserving 
the  continuity  of  the  numbering.  Under  this  system 
Article  I  ends  with  Section  12,  and  Article  II  begins 
with  Section  20.  Article  1 1  ends  with  Section  62,  and 
Article  1 1 1  begins  with  Section  70,  and  so  on. 


§  20  LIGHT   AND  VENTILATION 


TITLE  1 
LIGHT  AND  VENTILATION* 

§  20.  PERCENTAGE  OF  LOT  OCCUPIED. *•  2« 3  No  dwelling 
hereafter  erected  shall  occupy,  either  alone  or  with  other 
buildings,  a  greater  percentage  of  the  area  of  the  lot  than 
as  follows: 

(a)  In   the  case  of  corner4  lots  with  streets  on  three 
sides,  not  counting  an  alley  as  a  street,  not  more  than 
NINETY8  per  centum; 

(b)  In  the  case  of  other  corner  lots,  not  more  than 
EIGHTY-FIVE8  per  centum; 

(c)  In  the  case  of  interior  lots  which  do  not  exceed  sixty 
feet  in  depth,  not  more  than  SEVENTY8  per  centum; 

(d)  In  the  case  of  interior  lots  which  exceed  sixty  feet 
in  depth  and  do  not  exceed  one  hundred  and  five  feet  in 
depth,  not  more  than  SIXTY-FIVE8  per  centum; 

(e)  In  the  case  of  interior  lots  which  exceed  one  hundred 
and  five  feet  in  depth3  and  do  not  exceed  one  hundred  and 
fifty-five  feet  in  depth,  not  more  than  FIFTY-FIVE8  per 
centum; 

(f)  In  the  case  of  interior  lots  which  exceed  one  hun- 
dred and  fifty-five  feet  in  depth  and  do  not  exceed  two 
hundred  and  five  feet  in  depth,  not  more  than  FIFTY8 
per  centum  ; 

(g)  In  the  case  of  interior  lots  which  exceed  two  hun- 
dred and  five  feet  in  depth,  not  more  than  FORTY8  per 
centum. 

The  measurements  shall  be  taken  at  the  ground  level.7 
No  measurements  of  lot  area  shall  include  any  portion 
of  any  street  or  alley.5  Any  portion  of  a  corner  lot  distant 
more  than  SEVENTY  feet  from  the  corner  line,  measured 

*  The  standards  set  forth  in  this  title  for  light  should  be  materially 
increased  in  cities  where  smoke  nuisance  exists. 

71 


A    MODEL   HOUSING    LAW  §  2O 

along  the  front  line  of  the  lot,  shall  be  treated  as  an  interior 

lot.6 

Explana-  NOTE  i:   Although  the  public  has  become  accus- 

tomed  to  thinking  in  terms  of  percentage  of  lot  oc- 
cupied, the  limitation  of  lot  area  is  of  little  practical 
value  as  a  means  of  insuring  adequate  light  and  ven- 
tilation to  all  parts  of  a  building.  Many  tenement 
houses  have  been  erected  in  the  past  which  have  oc- 
cupied but  50  per  cent  of  the  lot,  but  half  the  rooms 
in  them  have  been  totally  dark  and  without  ventila- 
tion, being  either  windowless  rooms  or  opening  on  so 
small  an  air  shaft  as  to  secure  neither  light  nor  air. 
On  the  other  hand,  tenements  covering  70  per  cent 
of  the  lot  have  been  erected  and  have  had  all  their 
rooms  well  lighted  and  ventilated.  The  only  way 
to  secure  adequate  light  and  ventilation  is  to  require 
every  room,  hall,  bathroom,  water-closet  or  other 
important  part  of  the  building  to  have  windows  of  a 
certain  size  opening  directly  on  an  open  space  of  suf- 
ficient size;  either  the  street,  the  yard  or  a  court. 
When  this  has  been  properly  done,  everything  has 
been  done  that  is  necessary  to  insure  adequate  light 
and  ventilation.  No  limitation  on  the  amount  of 
lot  that  may  be  occupied  will  do  more. 

NOTE  2:  How  little  bearing  the  limitation  of  per- 
centage of  lot  occupied  has  on  the  question  of  ade- 
quate light  and  ventilation  is  at  once  seen  when  one 
reflects  that  the  percentage  requirements  in  all  such 
laws  stay  fixed  at  a  definite  amount  and  do  not  in- 
crease with  the  increased  height  of  the  building;  thus, 
the  percentage  of  lot  that  may  be  lawfully  occupied 
in  the  case  of  a  ten-story  building  is  the  same  as  laid 
down  for  a  two-story  building! 

NOTE  3:  Why  then  have  any  limitation  on  the 
amount  of  lot  that  may  legally  be  occupied?  it  may 
be  asked.  There  is  one  strong  reason  remaining  for 
the  retention  of  it.  It  is  an  effective  means  of  pre- 
venting congestion  or  land  overcrowding.  In  the 
case  of  deep  lots  it  is*  the  only  thing  which  prevents 
the  building  of  houses  way  back  on  the  lot.  The 
deeper  the  building  the  more  rooms  there  will  be  in  it, 
and  in  the  case  of  multiple  dwellings  the  more  people 
there  will  be  living  on  that  amount  of  land.  The  way 
to  prevent  too  many  people  living  on  a  given  amount 
of  land,  therefore,  is  to  make  difficult  the  building  of 
72 


§  2O  LIGHT   AND   VENTILATION 

deep  houses  and  tall  buildings.  These  are  the  two 
factors. 

NOTE  4:  The  plan  followed  here  is  to  retain  the 
percentage  limitation  solely  for  its  value  in  prevent- 
ing land  overcrowding.  This  section  therefore  dis- 
tinguishes in  the  first  place  between  corner  lots  and 
interior  lots,  where  the  conditions  are  of  course  rad- 
ically different,  corner  lots  having  light  and  air  from 
the  street  on  several  sides  of  the  lot.  It  then  differ- 
entiates between  the  two  kinds  of  corner  lots,  those 
with  streets  on  two  sides,  and  those  with  streets  on 
three  sides,  imposing  less  restriction  in  the  latter  case 
than  in  the  former.  In  the  case  of  interior  lots,  the 
short  lot  is  given  more  liberal  treatment  than  the  deep 
lot,  and  where  lots  exceed  respectively  100  feet,  150 
feet,  and  200  feet  in  depth  (105  feet  is  made  the  stand- 
ard to  be  on  the  safe  side  and  not  cause  hardship  where 
lots  are  a  few  inches  over  100  feet)  to  impose  stricter 
conditions  and  prevent  building  to  the  extreme  rear 
part  of  the  lot. 

NOTE  5 :  Streets  and  alleys  are  not  part  of  the  lot 
and  should  not  be  included  in  figuring  percentage 
that  may  be  occupied. 

NOTE  6:  .Where  does  a  corner  lot  end  and  an  in- 
terior lot  begin?  is  a  question  that  has  sometimes 
given  trouble.  This  is  of  importance  only  in  con- 
nection with  this  section  and  with  §§22  and  23,  relative 
to  yards.  As  corner  lots  have  greater  privileges  in 
these  two  respects  than  interior  lots,  unless  some 
limit  on  their  extent  is  imposed  they  might  stretch 
almost  indefinitely  from  one  street  to  the  next  street, 
a  distance  sometimes  of  400  feet,  in  order  to  secure 
the  benefits  to  be  obtained.  The  effect  of  this  would 
be  to  defeat  the  purposes  of  the  stricter  requirements 
as  to  interior  lots.  To  prevent  this  the  arbitrary 
standard  of  70  feet  from  the  corner  is  imposed ;  beyond 
this  point  the  rest  of  the  lot  is  to  be  treated  as  an  in- 
terior lot,  both  as  to  depth  of  yard  and  percentage 
that  may  be  occupied.  This  is  more  liberal  treatment 
than  is  usually  accorded,  as  many  cities  require  this 
at  25  feet  from  the  corner,  but  it  is  wise  liberality. 
The  following  diagram  (Figure  12)  illustrates  the 
point  involved. 

The  sketch  shows  a  block  front  from  street  to  street 
with  a  corner  lot,  100  feet  front  and  100  feet  deep. 

73 


A    MODEL   HOUSING    LAW 


§20 


At  the  point  A,  70  feet  from  the  corner,  the  remainder 
of  the  lot  becomes  an  interior  lot.  From  that  point  on 
the  yard  has  to  be  25  feet  deep  instead  of  but  1 5  feet, 
and  but  65  per  cent  of  the  lot  can  be  occupied  in  that 
portion  (the  shaded  portion)  instead  of  85  per  cent. 
The  importance  of  this  requirement  is  at  once  seen. 


^ 


70  rr 
100  nr 


STRLEET 


FIGURE  12 


NOTE  7:  The  desirable  condition  is  to  have  all  open 
spaces — yards  and  courts — remain  unbuilt  upon  all 
the  way  down  to  the  ground.  It  is  therefore  provided 
that  the  measurements  shall  be  taken  at  the  ground 
level.  But  it  is  not  always  practicable  to  carry  this 
point.  In  the  case  of  hotels  and  apartment  houses, 
especially  the  former,  it  is  usually  desired  to  utilize 
more  space  on  the  ground  floor,  and  sometimes  on  the 
two  or  three  lower  floors,  for  public  rooms — dining 
rooms,  lobbies,  lounging  rooms,  writing  rooms,  re- 
ception rooms,  ball  rooms,  assembly  rooms,  etc.  In 
such  cases  it  is  necessary  to  permit  courts  and  yards 
and  other  open  spaces  to  start  at  the  top  of  the  en- 
trance story  and  sometimes  two  or  three  stories  up. 
Little  harm  is  done  by  this,  provided  all  living  rooms 
open  on  the  proper  open  spaces,  especially  as  the  pub- 
lic rooms  above  mentioned  will  invariably  in  such 
buildings  be  ventilated  by  some  system  of  forced  ven- 
tilation and  be  lighted  by  electric  light. 

In  a  similar  way  in  business  districts  it  will  be  de- 
sired to  have  shops  or  stores  on  the  ground  floor  of 
many  flats  and  tenement  houses.  In  such  cases  it  is 
necessary  to  cover  over  much  more  of  the  land  on  the 

74 


§21  LIGHT  AND   VENTILATION 

ground  floor,  and  in  order  to  get  a  store  of  sufficient 
depth,  the  court,  or  part  of  it,  will  have  to  be  occupied 
on  the  entrance  story.  Especially  on  corner  lots 
where  every  foot  of  street  frontage  has  a  high  value 
will  the  privilege  of  covering  over  the  yard  at  the  first 
story  be  desired.  To  meet  these  viewpoints,  the  fol- 
lowing concessions  can  be  made.  Change  the  sen- 
tence "  The  measurements  shall  be  taken  at  the  ground 
level"  to  read  as  follows: 

CONCESSION  i:  "The  measurements  shall  be  taken  at  Concession 
the  ground  level,  except  that  in  the  case  of  hotels  as  defined 
in  paragraph  four  of  section  two  of  this  act,  the  measure- 
ments may  be  taken  at  the  floor  level  of  the  lowest  bed- 
room story;  and  in  the  case  of  other  multiple-dwellings 
where  there  are  stores  or  shops  on  the  entrance  story,  the 
measurements  may  be  taken  at  the  top  of  such  entrance 
story." 

NOTE  8:   This  whole  section,  in  view  of  the  con-  Explana- 
siderations  expressed  in  Notes  i,  2  and  3  is  an  excel-  ^on 
lent  one  to  make  concessions  on,  especially  as  the  in- 
terests affected  will  think  in  terms  of  percentage  of 
lot  occupied  and  will  rate  the  law  as  drastic  or  not 
drastic  largely  on  this  section.     If  concessions  need 
to  be  made,  the  following  may  be  made  with  safety. 
Make  the  following  changes  in  the  featured  stand- 
ards of  this  section: 

CONCESSION  2:  (a)   Change  NINETY  to  95  Concession 

(b)  Change  EIGHTY-FIVE  to  90 

(c)  Change  SEVENTY  .1075 

(d)  Change  SIXTY-FIVE  to  70 

(e)  Change  FIFTY-FIVE  to  60 

(f)  Change  FIFTY  1055 

(g)  Change  FORTY  1045 

§  21.  HEIGHT.1  No  dwelling  hereafter  erected  shall  ex- 
ceed in  height  the  width  of  the  widest  street  upon  which 
it  abuts  nor  in  any  case  shall  it  exceed  EIGHTY  feet2  in 
height.  Such  width  of  street  shall  be  measured  from 
front  lot  line  to  opposite  front  lot  line.3  The  provisions 

75 


A    MODEL   HOUSING    LAW  §  21 

of  this  section  shall  not  apply  to  hotels4  as  defined  in  para- 
graph four  of  section  two. 

.  NOTE  i :  There  is  no  city  excepting  New  York  in 

which  this  limit  of  height  will  prove  a  hardship  so  far 
as  dwellings  are  concerned,  with  the  exception  pos- 
sibly of  hotels.  This  is  the  best  way  to  limit  the 
height  of  buildings.  We  are  on  safe  ground  here  and 
such  regulation  will  unquestionably  be  sustained  by 
the  courts,  whereas  a  flat  limit  of  so  many  feet  might 
not  be  sustained.  Limiting  the  height  of  buildings 
to  the  size  of  the  open  space  on  which  they  abut,  in 
accordance  with  a  scientific  principle,  is  unquestion- 
ably a  reasonable  exercise  of  the  police  power.  It  can 
be  demonstrated  by  inspection  of  existing  buildings 
of  any  city  that  this  represents  the  minimum  stand- 
ard which  will  insure  sufficient  light  and  ventilation 
to  the  building-  itself  and  to  neighboring  buildings. 

NOTE  2:  The  flat  limitation  of  80  feet,  irrespective 
of  the  width  of  the  street,  is  important  so  as  to  safe- 
guard conditions  in  cases  where  there  are  very  broad 
streets,  avenues,  or  boulevards  from  150  to  200  feet 
wide.  It  is  neither  necessary  nor  desirable  to  permit 
dwellings  to  be  built  as  high  as  this  in  any  city.  The 
standard  of  80  feet  which  is  fixed,  is  fixed  to  suit 
conditions  where  land  values  are  at  their  highest.  A 
more  stringent  requirement  making  the  minimum 
height  60  feet  would  be  nearer  the  ideal. 

NOTE  3:  It  is  necessary  to  specify  that  the  width 
of  the  street  shall  be  measured  from  front  lot  line  to 
front  lot  line.  In  cities  where  there  is  no  "official" 
building  line,  the  first  thing  to  do  is  to  get  a  building 
line  established. 

NOTE  4:  It  is  a  nice  question  whether  in  the  case  of 
the  high-class  modern  hotel  provided  with  the  com- 
forts and  luxuries  which  people  nowadays  demand, 
high  buildings  are  not  inherently  a  necessity.  Such 
buildings  cannot  pay  unless  a  sufficient  number  of 
guests  are  accommodated.  To  accommodate  these 
the  building  must  go  up  into  the  air;  otherwise  it 
would  have  to  extend  over  so  much  ground  as  to  be 
prohibitive  in  some  cities  because  of  the  cost  of  the 
land,  and  in  all  cases  it  would  make  too  great  a  dis- 
tance for  guests  to  travel  horizontally  inside  the  build- 
ing in  order  to  get  to  the  dining  rooms  and  other  pub- 


§21  LIGHT  AND   VENTILATION 

lie  rooms.  For  these  reasons,  hotels  as  defined  in  this 
act  should  be  exempted  from  this  provision  and  the 
limitations  on  their  height  left  to  be  dealt  with  in  a 
general  Zoning  Act  applicable  to  all  buildings. 

NOTE  5:  In  many  cities  the  practice  prevails  of 
voluntarily  setting  back  the  house  a  considerable  dis- 
tance from  the  front  lot  line  in  order  to  secure  a  large 
front  yard  with  lawn  and  driveway.  Some  archi- 
tects believe  that  allowance  should  be  made  for  such 
set-backs  and  that  these  should  be  added  to  the  width 
of  the  street  in  calculating  the  limit  of  height.  This 
is  not,  however,  desirable  nor  is  it  necessary.  There 
are  practically  no  cities  in  the  United  States,  outside 
of  some  of  the  large  Eastern  cities  like  New  York  and 
Boston,  where  the  restriction  as  to  limit  of  height 
proportionate  to  the  width  of  the  street  as  embodied 
in  this  section  will  present  any  difficulties. 

The  reason  why  set-backs  of  this  kind  should  not  be 
allowed  to  count  as  effective  street  width  is  because 
there  is  no  way  of  insuring  their  continuity.  One  man 
may  set  his  house  back  25  feet,  but  the  man  next  door, 
to  him  may  build  his  house  right  out  to  the  property  * 
line.  Under  such  conditions  there  is  not  a  continuous 
open  space  of  the  proper  size  to  insure  adequate  sun- 
light. Where  streets  are  very  narrow  as  in  some  parts 
of  Boston  for  example,  it  may  be  necessary  to  build 
buildings  higher  than  the  width  of  the  street  by  secur- 
ing as  a  "near-equivalent"  for  the  proper  width,  addi- 
tional open  space  by  setting  back  the  front  of  the 
building.  If  it  is  desired  to  permit  this,  add  at  the 
end,  just  before  "The  provisions  of  this  section  shall 
not  apply  to  hotels  as  defined  in  paragraph  four  of 
section  two/'  the  following: 

CONCESSION:  "Where  a  street  is  less  than  thirty  feet  Concession 
in  width,  the  width  may  be  counted  as  twice  the  distance 
from  the  front  wall  of  the  proposed  dwelling  to  the  centre 
of  the  street/' 

NOTE  6:  In  some  cities  where  the  intensive  use  of 
land  is  increasing,  effort  has  been  made  to  exempt 
from  the  provisions  of  this  section  apartment  houses 
of  a  modern  type,  a  few  architects  and  investors  wish- 
ing to-  build  in  these  cities  sky-scraper  apartment 
houses  similar  to  those  of  New  York.  In  some  cases 

77 


A    MODEL   HOUSING    LAW  '§21 

strong  pressure  will  be  exerted  to  exempt  such  build- 
ings from  the  provisions  of  this  section.  It  will  be 
urged,  for  example,  that  the  question  of  height  limi- 
tation should  be  left  to  Zoning  laws  and  it  may  be 
suggested  that  an  amendment  be  offered  to  this  sec- 
tion to  the  effect  that  this  limitation  shall  apply 
"except  where  otherwise  regulated  by  a  Zoning  law." 
While  this  suggestion  has  much  plausibility  and  while 
for  many  reasons  it  is  proper  to  determine  height 
limitation  by  a  Zoning  law,  the  fact  remains  that 
there  is  an  absolute  maximum  limit  of  height  to  which 
apartment  houses  may  be  built  and  a  housing  law  is 
the  proper  place  for  the  setting  of  such  limits.  There 
is  practically  no  city  in  the  United  States  other  than 
New  York  City  where  it  is  either  desirable  or  neces- 
sary to  permit  the  building  of  apartment  houses  of 
the  sky-scraper  type,  namely  150  feet  high,  such  as 
have  been  built  in  New  York  (but  built  even  in  that 
city  of  high  land  values  and  congestion  only  to  a  very 
limited  extent).  It  will  be  argued  by  architects  and 
others  seeking  such  privileges  that  if  hotels  in  which 
many  people  sleep  are  permitted  to  go  to  a  height  of 
150  feet,  it  is  equally  appropriate  to  permit  apartment 
houses  to  go  to  that  height;  and  it  will  be  further 
pointed  out  that  many  apartment  houses  are  really 
hotels,  especially  in  cases  where  apartment  hotels  are 
contemplated  and  that  it  seems  unreasonable  and 
unfair  to  permit  a  hotel  where  people  have  only  one 
or  two  rooms  to  go  to  a  height  of  1 50  feet  and  to  for- 
bid it  where  people  have  a  suite  of  six  or  seven  rooms. 
These  are  plausible  arguments  but  are  not  sound.  In 
the  first  place,  it  is  against  public  policy  and  against 
the  interest  of  a  given  community  to  encourage  build- 
ings of  excessive  height.  The  experience  of  New  York 
and  other  cities  has  proved  this  for  all  time.  (See 
Report  of  Heights  of  Buildings  Commission  of  the 
City  of  New  York,  1913.) 

In  addition  to  the  general  undesirability  of  encour- 
aging the  sky-scraper  apartment  house  there  are 
definite  affirmative  reasons  which  make  such  build- 
ings absolutely  impossible  in  cities  other  than  New 
York.  The  chief  reason  is.  the  fire  hazard.  Irrespec- 
tive of  the  provision  that  may  be  made  for  ample 
open  spaces,  and  the  relation  of  the  height  of  such 
buildings  to  the  width  of  street  on  which  it  is  located, 


§21  LIGHT  AND   VENTILATION 

the  fire  hazard  alone  is  sufficient  to  warrant  the  pro- 
hibition of  such  buildings  and  it  is  this  reason  which 
clearly  differentiates  a  building  of  this  kind  from  a 
hotel.  In  a  sky-scraper  apartment  house  there  are 
many  apartments  each  one  of  which  is  occupied  with 
an  individual  family  with  servants  and  with  individual 
kitchens.  If  there,  are  30  families  in  a  building,  and 
there  may  easily  be  more,  there  are  30  individual 
sources  of  fire.  In  a  hotel  there  is  one  common  kitchen 
under  close  supervision.  Moreover,  in  apartment 
houses  there  are  generally  children  and  it  is  a 
well  accepted  fact  that  many  fires  start  from  children 
playing  with  matches.  This  is  an  additional  risk. 
In  addition,  a  modern  hotel  is  under  very  close  super- 
vision at  all  hours  of  the  day  and  night,  and  night 
watchmen  are  making  their  rounds  in  most  hotels  on 
the  lookout  for  any  possible  source  of  fire  or  other 
danger.  No  such  service  is  known  in  connection  with 
an  apartment  house.  A  further  and  clinching  argu- 
ment against  permitting  apartment  houses  to  be  built 
to  so  great  a  height,  lies  in  the  inability  of  the  fire 
departments  of  practically  every  city  in  America, 
excepting  New  York,  to  fight  a  fire  in  a  building  of 
such  height.  "The  fire  department  cannot  fight  a 
fire  from  the  outside  more  than  85  to  100  feet  above 
the  ground.  Above  that  they  must  rely  on  the  stand- 
pipes  in  the  building.  If  the  stand-pipe  does  not 
work  or  if  the  fire  is  so  near  the  stand-pipe  as  to  ren- 
der its  use  impossible,  the  fire  department  becomes 
helpless"  (see  Report  of  Heights  of  Buildings  Commis- 
sion of  the  City  of  New  York,  1913).  In  New  York 
City  apartment  houses  are  allowed  to  go  to  a  height 
of  1 50  feet  on  certain  streets  and  in  certain  sections 
of  the  city  because  of  the  fact  that  there  exists  in 
that  city  what  is  known  as  a  high  pressure  fire  ser- 
vice. This  service  consists  of  specially  installed  water 
mains  connected  with  pumping  stations  strategically 
located  in  different  parts  of  the  city  and  in  which 
high  pressure  pumps  are  operating  so  that  a  stream 
of  water  can  be  sent  to  a  very  great  height,  as  much 
as  300  feet  or  even  more.  There  are  no  other  cities 
in  the  United  States  where  such  service  exists  and  for 
this  reason  alone  if  for  no  other,  apartment  houses 
should  not  be  permitted  to  be  built  to  a  height  greater 
than  100  feet  in  any  city  other  than  New  York.  The 

79 


A    MODEL    HOUSING    LAW  §21 

report  of  the  Heights  of  Buildings  Commission  of 
the  City  of  New  York  previously  referred  to  has  this 
to  say  on  the  subject  of  high  buildings: 

"The  fact  remains,  however,  that  tall  buildings  are 
not  necessarily  safe.  The  rooms  are  often  filled  with 
highly  inflammable  material.  Unless  doors  are  closed, 
fire  may  easily  spread  to  other  rooms.  The  draft  up 
the  chimney-like  elevator  wells  may  pull  the  flames 
across  the  corridor  and  the  flames,  fed  by  the  grease 
on  the  elevator  guides,  may  be  carried  to  the  upper 
floors/' 

NOTE  7:  One  of  the  cogent  reasons  for  general 
limitation  of  the  height  of  buildings  in  any  city  is 
the  effect  such  buildings  have  on  neighboring  prop- 
erty. Too  little  attention  has  been  given  to  this 
phase  of  the  subject  heretofore  in  this  country.  Eng- 
land with  its  law  of  "Ancient  Lights"  by  which  no 
building  is  permitted  to  be  erected  that  obstructs  the 
light  of  another  building  deals  with  it  most  effectively. 
That  is  why  the  sky-scraper  is  almost  unknown  in 
that  country. 

Recent  studies  of  the  shadows  cast  by  sky-scrapers 
made  by  Herbert  S.  Swan  and  George  W.  Tuttle*  are 
most  illuminating  on  this  point. 

"The  street  plan  and  the  building  plan  have  been 
so  poorly  coordinated  in  Manhattan,  for  instance, 
that  it  is  safe  to  say  that  a  preponderating  majority 
of  the  rooms  in  the  existing  shops,  factories,  offices 
and  apartments  of  the  borough  receive  no  direct  sun- 
shine on  the  shortest  day  in  the  year. 

"This  is  no  less  true  of  the  residential  sections  than 
of  the  business  sections.  But  the  situation  in  the 
downtown  financial  district  illustrates  this  condition 
most  dramatically.  There  the  shadows  of  different 
sky-scrapers,  at  noon  on  December  21,  envelop  large 
areas.  The  Adams  Express  Building,  which  is  424 
feet  high,  casts  a  shadow  875  feet  in  length;  the 
Equitable  Building,  which  is  493  feet  high,  one  1,018 
feet  in  length;  the  Singer  Tower,  which  is  546  feet 
high,  one  1,127  feet  in  length;  and  the  Woolworth 
Tower,  which  is  791  feet  high,  one  1,635  feet  in  length. 

"The  effect  of  sky-scrapers  casting  shadows  from  a 
sixth  to  a  third  of  a  mile  in  length  on  surrounding 
property  is  well  illustrated  in  the  case  of  the  Equi- 

*  Planning  Sunlight  Cities — American  City  Pamphlets  No.  167. 
80 


§21  LIGHT   AND    VENTILATION 

table  Building.  Its  shadow,  which  at  noon  on  the 
shortest  day  in  the  year  is  about  one-fifth  of  a  mile 
in  length,  completely  envelops  an  area  of  7.59  acres. 
The  ground  area  of  the  Equitable  Building  is  only 
1.14  acres. 

"The  shadow  cuts  off  all  sunshine  from  the  Broad- 
way facade  of  the  United  States  Realty  Building, 
which  is  twenty-one  stones  high.  The  New  York 
Title  &  Mortgage  Company  Building,  fourteen  stories 
high,  and  the  Washington  Life  Insurance  Building, 
nineteen  stories  high,  are  both  completely  shaded. 
The  south  side  of  the  Singer  Tower  is  shaded  to  a 
height  of  twenty-seven  stories.  The  nearest  part 
of  the  City  Investing  Building,  400  feet  away,  is  in 
shadow  for  twenty-four  of  its  twenty-six  stories. 
Even  part  of  the  New  York  Telephone  Building  north 
of  Cortlandt  Street  is  shadowed  by  the  Equitable 
Building.  For  almost  a  fifth  of  a  mile  this  giant  sky- 
scraper casts  its  shadow. 

"  Cedar  Street,  the  street  immediately  north  of  the 
Equitable  Building,  has  an  average  width  of  34  feet 
between  Broadway  and  Nassau  Street.  The  height 
of  the  Equitable  Building  is  14^  times  the  width  of 
this  street.  On  a  north-and-south  street  of  this  width 
in  New  York,  uniformly  improved  on  both  sides  with 
buildings  having  a  height  equal  to  that  of  the  Equi- 
table Building,  only  9.3 1  per  cent  of  the  windows  would 
receive  any  direct  sunshine  at  noon  on  the  shortest 
day  in  the  year.  On  such  streets  only  the  windows 
nearest  the  top  for  a  distance  equal  to  1.35  times  the 
width  of  the  street  would  receive  direct  sunshine  at 
noon  on  December  21  at  New  York  (taking  40°  north 
as  the  latitude),  assuming  the  windows  to  be  set  in 
walls  14  inches  thick.  The  windows  in  the  thirty- 
four  stories  nearest  the  ground  would  receive  abso- 
lutely no  direct  sunlight.  Direct  sunshine  would  only 
enter  those  windows  in  the  four  stories  nearest  the 
top.  Not  a  single  window  within  447  feet  of  the 
street  level  would  receive  a  ray  of  direct  sunshine!" 

"In  the  winter  season  no  sunlight  can,  of  course, 
be  obtained  on  the  south  side  of  an  east-and-west 
street.  No  adjustment  in  the  height  of  buildings  or 
in  the  street  width  can  sunlight  rooms  having  a  north- 
erly exposure.  The  remedy  in  such  a  case  would  be 

6  81 


A    MODEL    HOUSING    LAW  §  22 

to  require  the  rooms  to  have  windows  exposed  toward 
one  of  the  other  three  points  of  the  compass.  This 
can  readily  be  done  in  detached  houses,  but  it  is  very 
difficult  in  attached  houses.  This  condition  suggests 
the  advisability  of  reserving  east-and-west  streets  for 
detached  houses.  North-and-south  streets,  on  the 
other  hand,  may  be  developed  with  either  attached  or 
detached  houses." 

"The  volume  of  sunshine  received  in  rooms  is  of 
just  as  much  importance  as  the  sunshine  period.  A 
room,  for  instance,  may  enjoy  direct  sunshine  for  a 
considerable  period  and  yet  have  a  comparatively 
small  portion  of  its  cubic  contents  acted  upon  by 

direct  rays  from  the  sun." 

.  .  .  .  "  Thus  a  window  the  top  of  which  is  situ- 
ated near  the  ceiling  permits  a  deeper  penetration  of 
the  sun  rays  into  a  room  than  one  the  top  of  which  is 
placed  some  distance  below  the  ceiling.  The  sunshine 
volume  in  rooms  with  windows  opening  to  either  the 
east  or  the  west  may  be  considerably  increased  by 
having  the  windows  located  as  near  as  possible  to  the 
south  wall  of  the  room.  Windows  opening  to  the 
south  should  be  placed  as  near  the  middle  of  the  front 
wall  of  the  room  as  practicable."  .... 

.  .  .  "Uniform  building  lines  are  highly  desir- 
able both  in  front  and  in  rear.  They  not  only  con- 
serve the  supply  of  sunlight,  but  they  also  economize 
space.  Buildings  'pocketed'  at  either  end  between 
deeper  buildings  receive  much  less  sunlight  than  those 
conforming  to  a  common  building  line,  unless  they  are 
equipped  with  a  side  yard  of  sufficient  width  on  the 
south  to  insure  their  own  sunlight.  The  provision  of 
such  a  side  yard  is  usually  so  expensive  a  proceeding 
that  it  can  be  afforded  only  in  private  home  dis- 
tricts." .  .  . 

.  .  .  "Inner  courts  should  not  be  used  at 
all."  .... 

§22.  FRONT  AND  REAR  YARDS.  1  A  front  yard  may  be 
any  depth.2  Immediately  behind  every  dwelling  hereafter 
erected  there  shall  be  a  rear  yard  extending  across  the 
entire  width  of  the  lot.3  Such  yard  shall  be  at  every  point 
open  and  unobstructed  from  the  ground  to  the  sky,4  and 
shall  be  of  the  depths  prescribed  in  the  next  section.  Every 

82 


§  22  LIGHT   AND    VENTILATION 

part  of  such  yard  shall  be  directly  accessible  from  every 
other  part  thereof.5  The  depth  of  said  yard  shall  be  meas- 
ured at  right  angles  from  the  extreme  rear  part  of  the. 
dwelling6 

(a)  to  the  middle  line  of  the  alley,7  where  a  public  alley 
immediately  abuts  the  lot  and  extends  across  its  entire 
width ; 

(b)  to  the  rear  lot  line  where  there  is  no  such  alley; 

(c)  to  the  nearest  wall  of  the  building  where  there  is 
another  building  at  the  rear  as  permitted  in  section  twenty- 
nine. 

In  the  case  of  corner  lots  abutting  on  three  streets,  not 
counting  the  alley  as  a  street,  the  rear  yard  need  not 
extend  across  the  full  width  of  the  lot,  but  only  to  its 
median  line.8  Any  portion  of  a  corner  lot  distant  more 
than  seventy  feet  from  the  corner  line,  measured  along 
the  front  line  of  the  lot,  shall  be  treated  as  an  interior 
lot.9  The  provisions  of  this  section  shall  not  apply  to 
hotels  as  defined  in  paragraph  four  of  section  two.10 

NOTE  i :  No  subject  in  the  entire  law  is  of  more  im-  ^XDlana 
portance  than  provision  for  a  proper  open  space  at 
the  rear  of  the  dwelling.  .  This  assumes  especial  im- 
portance in  view  of  what  has  been  said  as  to  the  lack 
of  value  of  regulating  open  spaces  through  limiting 
the  percentage  of  lot  occupied,  discussed  under  Sec- 
tion 20.  To  be  logical  we  should  require  as  large  an 
open  space  in  the  rear  of  the  dwelling  as  there  is  in 
front;  in  other  words,  if  it  is  necessary  to  make  the 
street  60  feet  wide  where  the  buildings  on  each  side 
of  it  are  to  be  not  over  three  stories  in  height,  it  is  ob- 
vious that  it  is  necessary  to  leave  a  similar  space  be- 
tween dwellings  at  the  rear;  that  is,  that  there  should 
be  60  feet  from  the  rear  of  one  building  to  the  rear  of 
another  building  on  the  next  parallel  street.  In  fact 
a  space  of  greater  depth  should  really  be  required  at 
the  rear  because  one  cannot  always  be  sure  of  this 
space  being  a  continuous  open  space,  thus  insuring 
proper  circulation  of  air  and  proper  lighting  of  the 
rear  portions  of  the  individual  building.  This  is  al- 
ways insured  at  the  front  as  the  streets  are  continuous 
airways  extending  often  for  many  miles.  The  mini- 

83 


A    MODEL    HOUSING    LAW 


22  § 


mum  requirements  established  in  this  section  are 
based  upon  the  assumption  that  there  will  be  in  most 
cases  a  neighborhood  development,  and  that  if  one 
man  leaves  a  rear  yard  of  30  feet  behind  his  dwelling, 
in  all  probability  his  neighbor  owning  the  lot  abutting 
at  the  rear  will  leave  a  similar  open  space  of  30  feet, 
making  60  feet  between  buildings.  The  largest  open 
space  possible  that  can  be  left  at  the  rear  is  desir- 
able and  the  standards  established  in  this  section 
are  the  minimum.  It  would  be  desirable  to  have 
even  deeper  yards  if  it  were  always  commercially 
practicable.  In  this  connection  it  should  be  noted 


j 


L 


1 


r 


FIGURE  13 


that  with  land  values  as  they  are  at  present  in  resi- 
dence districts  there  are  few  cities  in  which  it  is  com- 
mercially necessary  in  order  to  get  a  fair  return  on 
the  investment,  to  make  the  rear  yards  less  than  the 
minimum  depths  herein  established.  This  does  not 
mean  that  interested  parties  will  not  wish  to  make  the 
depths  less.  They  will.  But  they  should  not  be  per- 
mitted to,  and  investigation  will  develop  in  practically 
every  case  that  the  minimum  depths  established  in 
this  section  are  less  than  the  depths  that  have  actu- 
ally been  voluntarily  left  by  the  majority  of  owners  in 
recent  building  operations  in  each  city. 

NOTE  2:  It  is,  of  course,  not  necessary  to  require  a 
front  yard,  as  the  rooms  on  the  front  of  the  house  will 
get  adequate  light  and  air  from  the  street.  Desirable 


§  22  LIGHT   AND   VENTILATION 

as  front  yards  or  "set-backs"  are  from  the  point  of 
view  of  adding  to  the  attractiveness  of  a  dwelling's 
appearance,  they  cannot  be  compelled  by  law.  It 
obviously  therefore  would  be  unreasonable  to  attempt 
to  limit  the  size'of  this  open  space  left  voluntarily  by 
the  owner  and  neither  required  by  law,  nor  needed 
for  light  or  ventilation. 

NOTE  3:  The  requirement  that  the  rear  yard  shall 
extend  across  the  entire  width  of  the  lot  is  of  impor- 
tance. Without  such  a  requirement  attempts  would 
be  made  to  leave  inadequate  yards,  as  illustrated 
in  Figures  i  to  4.* 

NOTE  4:  It  is  of  great  importance  to  require  that 
the  yard  shall  be  unobstructed  from  the  ground  to  the 
sky.  Otherwise  it  would  be  possible  to  have  fire- 
escape  balconies  and  outside  porches  encroaching  con- 
siderably on  the  open  space  which  is  so  necessary  to 
furnish  light  and  air  to  the  rear  parts  of  the  building. 
It  is  obvious  that  it  is  of  little  use  to  require  a  1 5-foot 
yard  for  the  purpose  of  light  and  ventilation  and  then 
allow  it  to  be  completely  occupied  by  an  outside  porch 
or  balcony,  as  is  frequently  the  case  in  many  cities. 
This  provision  is  also  to  be  read  in  connection  with 
Sub-division  16  of  Section  2. 

In  certain  cases  some  objection  will  be  made  to 
the  requirement  that  the  yard  shall  extend  from 
the  ground  to  the  sky.  Permission  will  be  desired 
to  cover  over  either  a  portion  of  the  yard  or  all  of  it 
on  the  ground  floor.  This  will  be  especially  sought 
after  in  the  case  of  corner  lots  because  of  the  value 
of  street  frontage,  especially  in  districts  where  it 
is  advantageous  to  use  the  ground  floor  for  stores 
or  shops.  Similarly  it  will  be  desired  to  build  over 
a  portion  of  the  yard  on  interior  lots  where  it  is 
wished  to  get  a  very  deep  store.  A  third  case  is  the 
case  of  hotels,  where  the  owners  will  want  to  build 
over  the  yard  not  only  on  the  ground  floor  but  also 
possibly  to  the  height  of  two  or  three  stories  so  as  to 
secure  the  space  necessary  for  public  rooms  such  as 
dining  rooms,  ball  rooms,  music  rooms,  and  for  simi- 
lar purposes.  All  of  these  points  of  view  will  have 
to  be  considered. 

The  considerations  involved  are  quite  different  in 
the  three  different  classes  of  cases.  Taking  up  the 

*  See  pp.  38,  39  and  40. 

85 


A   MODEL   HOUSING    LAW 


§22 


first,  namely,  covering  over  the  yard  on  the  ground 
floor  in  the  case  of  corner  lots:  It  is  very  desirable 
to  have  the  yard  extend  to  the  ground  where  it  is 
practicable,  but  where  this  is  a  matter  that  is  much 
desired  by  the  interests  affected'  it  is  a  point  where  a 
concession  can  wisely  be  made  because  of  the  reason- 
ableness of  the  claim.  There  is  no  question  as  to  the 
desirability  of  having  the  yard  extend  all  the  way 
down  to  the  ground.  That  should  be  the  practice 
in  every  case.  On  the  other  hand,  there  is  from  the 
point  of  view  of  the  owner  a  hardship  in  not  being 
allowed  to  utilize  his  property  so  as  to  get  the  full 
value  out  of  the  most  valuable  part  of  it;  namely, 
the  street  frontage.  If  it  is  decided  to  recognize  this 
situation  and  to  make  this  concession  the  following 
modification  could  be  adopted.  After  the  words 
"in  the  next  section/'  strike  out  the  period,  insert  a 
comma,  and  add  the  following: 

Concession          CONCESSION:  "except  that  in  the  case  of  corner  lots 
the  rear  yard  may  start  at  the  top  of  the  entrance  story/' 


Explana- 
tion 


The  second  class  of  cases  where  it  is  desired  to 
cover  over  the  yard  on  the  ground  floor  on  an  in- 
terior lot,  in  order  to  secure  a  very  deep  store,  is 
not  at  all  in  the  same  category.  Such  a  concession 
should  not  be  granted.  It  should  be  remembered 
that  these  provisions  occur  only  in  connection  with 
dwellings,  not  with  commercial  buildings  where  the 
conditions  of  course  are  very  different,  and  the  only 
occasion  where  this  becomes  a  practical  question  is 
where  it  is  desired  to  have  a  store  on  the  ground  floor 
of  an  apartment  house,  or  two-family  house,  or  other 
kind  of  dwelling.  So  long  as  it  is  permitted  to  cover 
over  the  courts  on  the  ground  floor  or  part  of  them,  it 
will  be  possible  to  get  a  store  of  sufficient  depth  with- 
out encroaching  upon  the  yard  space. 

The  third  class  of  cases,  namely,  that  of  hotels, 
presents  the  most  important  considerations  of  all. 
It  has  been  pointed  out  elsewhere  in  this  book  that 
it  is  necessary  to  build  modern  hotels  to  a  con- 
siderable height  and  it  will  be  seen  from  the  table 
of  Yard  Depths  in  the  next  section  that  because  of 
the  requirement  that  the  yard  shall  increase  5  per 
centum  for  each  additional  story  above  three  stories, 
that  where  it  is  desired  to  erect  a  ten-story  hotel  a 
86 


§  22  LIGHT   AND   VENTILATION 

yard  of  60  feet,  in  the  case  of  an  interior  lot,  would  be 
required,  and  in  the  case  of  a  corner  lot  a  yard  of  50 
feet.  This  would  be  prohibitive  in  most  cities.  No 
modern  hotel  should  be  erected  on  an  interior  lot. 
Practically  all  such  buildings  are  erected  on  corner  lots, 
with  streets  on  three  sides.  So  that  the  only  thing  to 
be  considered  is  the  relation  of  the  provisions  with  ref- 
erence to  corner  lots  of  this  kind  in  its  bearing  upon 
hotels.  For  these  reasons  it  is  quite  appropriate  to 
exempt  modern  hotel  buildings  from  the  requirement 
for  rear  yards. 

NOTE  5:  The  requirement  that  every  part  of  the 
yard  shall  be  directly  accessible  from  every  other  part 
is  made  necessary  where  the  rear  lot  line  is  of  an  ir- 
regular shape  and  where  the  lot  has  more  than  one 
depth,  as  sometimes  happens,  as  shown  in  Figure  2.* 

NOTE  6:  It  is  necessary  to  measure  the  minimum 
depth  of  trje  rear  yard  from  the  "extreme  rear  part  of 
the  dwelling/'  otherwise  claims  would  be  advanced  to 
be  allowed  to  measure  from  the  rear  wall  of  the  main 
building  and  not  from  various  extensions,  thus  en- 
croaching seriously  on  the  minimum  yard  space.  For 
further  discussion  on  this  point  see  Section  2,  Para- 
graph 7,  Note  2,  pages  38-40,  especially  Figures  3 
and  4. 

NOTE  7:  Some  of  the  earlier  housing  laws  were 
formulated  with  reference  to  conditions  in  Eastern 
cities  where  as  a  rule  alleys  do  not  exist.  Irrespective 
of  the  undesirability  of  alleys,  it  is  obvious  that  if 
there  is  a  continuous  airway  extending  through  the 
centre  of  the  block  admitting  light  and  air  perma- 
nently (the  alley  must  be  a  public  one,  otherwise  it 
may  some  day  be  closed  up)  allowance  must  be  made 
for  such  an  open  space  in  determining  the  minimum 
sizes  of  rear  yards.  It  is  reasonable  in  such  cases  to 
allow  the  measurements  to  be  taken  to  the  centre 
line  of  the  alley. 

As  the  primary  purpose  of  requiring  a  rear  yard  is 
to  insure  an  open  space  of  adequate  size  at  the  rear 
of  the  dwelling  for  purposes  of  light  and  air,  it  is 
equally  obvious  that  where  there  is  no  public  alley, 
the  measurements  should  be  taken  to  the  rear  lot 
line;  and  where  there  is  a  garage  or  similar  building 
on  the  rear  of  the  lot  to  the  front  of  such  building, 

*  See  p.  39. 

87 


A    MODEL   HOUSING    LAW 


§22 


leaving  the  minimum  of  open  space  between  the  two 
buildings. 

NOTE  8:  Where  a  dwelling  is  erected  on  a  corner  lot 
bounded  by  streets  on  three  sides  it  would  cause  un- 
due sacrifice  of  especially  valuable  property,  namely, 
that  with  a  street  frontage,  to  require  in  such  cases 
the  rear  yard  to  extend  across  the  entire  width  of  the 
lot.  All  proper  purposes  will  be  satisfied  if  under  such 
circumstances  the  yard  extends  to  the  median  line. 
It  will  thus  afford  an  ample  intake  of  air  to  insure 
circulation  of  air  throughout  the  rest  of  the  block. 
The  following  diagram  illustrates  this  point.  ADCA 


FIGURE  14 

is  a  corner  lot  bounded  by  three  streets.  The  rear 
yard  instead  of  extending  all  the  way  across  the  lot 
from  A  to  A  is  allowed  to  stop  at  B,  the  point  of 
intersection  with  the  median  line  of  the  lot.  It  thus 
furnishes  a  means  of  renewing  the  air  in  the  back 
yards  of  the  lots  R,  S,  T,  U,  etc.,  and  the  owner  does 
not  have  to  sacrifice  valuable  street  frontage  along 
the  side  AC. 

NOTE  9:  The  question  may  be  asked,  Where  does  a 
corner  lot  end  and  an  interior  lot  begin?  In  view  of  the 
greater  liberality  of  the  law  toward  corner  lots,  permit- 
ting smaller  yards  and  a  larger  percentage  of  the  lot  to 


§  23  LIGHT    AND    VENTILATION 

be  occupied,  there  is  a  direct  incentive  for  the  builder 
to  evade  the  law's  requirements  and  build  over  a  very 
large  frontage,  and  call  it  all  a  "corner"  lot;  later  sub- 
dividing his  building  and  selling  off  portions  of  it;  that 
is,  erecting  several  buildings  in  the  guise  of  one,  hav- 
ing all  the  buildings  classed  as  one  corner  building  in- 
stead of  as  one  corner  building  and  several  interior 
buildings. 

The  line  must  be  drawn  somewhere.  It  has  been 
set  at  70  feet  with  a  desire  to  be  liberal  to  investors 
and  builders  and  to  be  sure  that  a  building  50  feet  or 
more  in  width  will  be  treated  legitimately  as  a  corner 
building.  In  most  cities  the  line  is  drawn  at  25  feet, 
but  this  is  unnecessarily  strict.  Figure  12  (p.  74) 
illustrates  how  it  is  necessary  to  break  back  the  yard 
at  a  point  70  feet  from  the  corner  in  the  case  of  a 
building  being  erected  with  loofeet  frontage. 

NOTE  10:  The  reasons  for  exempting  the  modern 
hotel  from  the  requirements  of  this  and  the  following 
section  are  set  forth  in  Note  4,  p.  85. 

§23.  DEPTH  OF  REAR  YARD.  The  depth  of  the  rear 
yard  required  by  the  preceding  section  shall  increase  pro- 
portionately with  an  increased  height  of  the  dwelling  and 
shall  be  proportionate  to  the  depth  of  the  lot  as  follows:1 
For  purposes  of  this  section  the  depth  of  the  lot  shall  be 
measured  from  the  front  wall  of  the  dwem'ng  instead  of 
from  the  front  lot  line.2  If  the  dwelling  is  three  stories 
high  the  depth  of  the  rear  yard  shall*  be  TWENTY3  per- 
centum  of  the  depth  of  the  lot;  if  the  dwelling  is  four 
stories  high  such  depth  of  rear  yard  shall  be  TWENTY- 
FIVE  percentum  of  the  depth  of  the  lot;  if  the  dwelling 
is  five  stories  high  such  depth  of  rear  yard  shall  be  TH I RT  Y 
percentum  of  the  depth  of  the  lot ;  and  shall  thus  increase 
FIVE4  percentum  for  each  story.  If  the  dwelling  is  less 
than  three  stories  in  height,  the  depths  above  prescribed 
may  be  decreased  FIVE  percentum  for  each  story  below 
three  stories.  In  the  case  of  corner  lots  if  the  dwelling  is 
three  stories  high,  the  depth  of  the  rear  yard  shall  be  FIF- 
TEEN5 percentum  of  the  depth  of  the  lot.  If  the  dwell- 
ing is  four  stones  high  such  depth  of  rear  yard  shall  be 


A    MODEL   HOUSING    LAW  §  23 

TWENTY  percentum  of  the  depth  of  the  lot  and  shall 
thus  increase  FIVE  percentum  for  each  story  and  may 
similarly  be  decreased  FIVE  percentum  for  each  story 
below  three  stories.  Irrespective  of  the  above  provisions, 
no  rear  yard  under  any  circumstances  shall  ever  be  less 
than  TEN  feet  in  depth.  The  provisions  of  this  section 
shall  not  apply  to  hotels  as  defined  in  paragraph  four  of 
section  two. 

NOTE  i :  A  distinct  departure  from  the  provisions 
found  in  similar  statutes  is  made  in  this  law  in  the 
method  of  regulating  the  depth  of  yards.  Here  an 
attempt  is  made  to  make  the  depth  of  the  yard  pro- 
portionate to  the  depth  of  the  lot.  This  plan  has 
been  adopted  because  it  has  been  feared  that  the 
methods  heretofore  employed  of  fixing  arbitrarily  a 
certain  minimum  depth  in  feet  might  not  be  sustained 
if  tested  as  to  constitutionality,  because  it  would  not 
be  possible  to  show  that  such  method  of  regulation  was 
based  upon  a  scientific  principle.  If  all  lots  were  the 
same  depth  this  question  would  not  be  so  compli- 
cated, but  where  lots  vary  from  60  feet  in  depth  to  250 
feet  in  depth,  and  even  more,  the  subject  is  seen 
to  be  somewhat  complex.  Assuming  that  a  3o-foot 
yard  is  the  minimum  sized  yard  that  should  be  left 
for  a  three-story  dwelling  in  most  cities,  it  would  be 
perfectly  tasy  to  require  this  in  the  case  of  lots  100 
feet  or  more  in  depth,  but  there  are  many  lots  known 
as  "tail-enders,"  having  been  cut  off  where  the  lots 
from  another  street  have  been  subdivided  in  a  cer- 
tain way,  which  often  do  not  exceed  60  feet  in  depth 
and  sometimes  do  not  exceed  even  40  feet  in  depth. 
To  require  a  3O-foot  rear  yard  on  a  lot  40  feet  in 
depth  would,  of  course,  be  absurd  and  would  have 
the  effect  of  making  impossible  the  development  of 
such  property.  In  addition  it  is  very  desirable  to 
have  some  automatic  method  of  regulating  the  evils 
of  the  deep  lot  and  thus  prevent  the  building  far  back 
on  the  lot  of  long,  deep  buildings  which  are  respon- 
sible in  large  degree  for  lot  overcrowding  and  conges- 
tion of  population.  (See  discussion  under  Section  20.) 

As  the  best  means,  therefore,  of  meeting  all  these 
conditions,  the  plan  set  forth  in  this  section  has  been 
evolved.  This  gives  an  automatic  control  of  depth  of 
90 


§  23  LIGHT   AND   VENTILATION 

building  and  depth  of  yard  both  on  shallow  lots  and 
on  lots  of  excessive  depth.  It  does  not  make  pro- 
hibitive the  development  of  a  short  lot  nor,  on  the 
other  hand,  does  it  give  a  short  lot  an  undue  or  unfair 
advantage.  It  places  all  lots  on  the  same  basis  in 
that  the  depth  of  the  yard  is  proportionate  to  the 
depth  of  the  lot.  How  this  would  work  out  in  prac- 
tice with  lots  of  varying  depths  and  for  dwellings  of 
normal  height  is  shown  in  the  following  table: 

INTERIOR  LOTS— REAR  YARDS  (MEASURED  TO 
MIDDLE  LINE  OF  ALLEY) 


DEPTH  OF  LOT 

HEIGHT  OF  BUILDING 

40 

SO 

60 

100 

T?S 

ISO 

200 

2  SO 

ft. 

ft. 

ft. 

ft. 

ft. 

ft. 

ft. 

ft. 

Ft. 

Ft, 

Ft. 

Ft. 

Ft. 

Ft. 

Ft. 

Ft. 

i  -story  —  10% 
2  -story  —  15% 

10  mm. 
10  min. 

10  mm. 
10  min. 

10  mm. 
10  min. 

IO 

15 

Hi 

8» 

20 
30 

lit 

3-story—  20% 
4-story  —  25% 

10  mm. 

10 

10 
12* 

12 

IS 

20 

25 

ifi 

30 

37* 

40 
50 

50 
62* 

5-story  —  30% 

12 

IS 

18 

30 

37* 

45 

60 

75 

6-story—  35% 

14 

21 

35 

52* 

70 

87* 

etc. 

CORNER  LOTS— REAR  YARDS  (MEASURED  TO  MIDDLE 
LINE  OF  ALLEY) 


DEPTH  OF  LOT 


BUILDING 

f\0 

fSt° 

60 

ft. 

100 

ft. 

125 
ft. 

V 

200 
ft. 

250 

ft. 

Ft. 

Ft. 

Ft. 

Ft. 

Ft. 

Ft. 

Ft. 

Ft. 

i-story—  5% 

10  mm. 

10  mm. 

10  mm. 

10  min. 

10  mm. 

10  mm. 

IO 

12* 

2-story  —  10% 
3-story—  15% 

10  mm. 
10  min. 

to  mm. 
10  min. 

10  mm. 
10  min. 

10 

IS 

12* 

tsf 

lit 

20 
30 

!?» 

4-story  —  20% 

10  mm. 

10 

12 

20 

25 

30 

40 

50 

5-story  —  25% 

10 

12* 

IS 

25 

3iJ 

37* 

50 

62* 

6-story  —  30% 

12 

IS 

18 

30 

37* 

45 

60 

75 

etc. 

When  it  is  remembered  that  alleys  prevail  in  most 
cities  and  that  these  measurements  are  to  be  taken 
to  the  centre  line  of  the  alley,  it  becomes  apparent 
how  liberal  this  provision  is  from  the  point  of  view  of 
the  man  who  wants  to  develop  his  property. 

For  example,  in  the  case  of  the  shortest  lot  imag- 
inable for  building  purposes,  viz.,  a  lot  but  40  feet 
deep,  it  would  still  be  possible  to  build  a  dwelling  30 
feet  deep  leaving  only  a  lo-foot  back  yard — the  irre- 


A    MODEL    HOUSING    LAW  §  23 

ducible  minimum.  As  such  lots  seldom  abut  an  alley 
at  the  rear,  being  "  tail-enders,"  the  10  feet  would  be 
to  the  lot  line. 

In  the  case  of  a  normal  lot,  say  one  100  feet  deep, 
the  back  yard  would  have  to  be  only  20  feet.  With  a 
1 6-foot  alley  at  the  rear,  it  would  mean  that  only  12 
feet  of  the  lot  would  have  to  be  given  up  to  rear  yard 
space.  In  such  case,  if  the  owner  did  not  desire  to  set 
back  his  house  at  front  or  erect  a  garage  at  the  rear, 
he  could  build  his  building  88  feet  deep.  This  is  ob- 
viously extremely  liberal.  •  If  he  elected  to  have  a 
front  yard  or  set-back,  say  of  30  feet,  he  could  build 
his  house  64  feet  deep  and  have  a  back  yard  of  6  feet 
(14  feet  to  the  centre  of  the  1 6-foot  alley).  This  is 
also  extremely  liberal. 

If  the  owner  wanted  to  have  a  front  yard  or  set- 
back say  of  25  feet  and  also  have  a  garage  at  the 
back  of  the  lot  15  feet  in  depth,  he  would  have  to 
leave  15  feet  between  the  dwelling  and  the  garage 
(see  Section  29)  and  could  still  have  a  house  45  feet 
deep.  In  the  above  instances  if  the  dwelling  were  but 
2  stories  high,  the  conditions  would  be  even  more 
liberal. 

When  it  comes  to  the  deep  lot,  the  scheme  still 
works  out  in  a  way  not  to  be  unduly  restrictive. 
Take  the  case  of  a  lot  150  feet  deep  for  instance: 
Here  the  owner  could  leave  a  front  yard  or  set-back 
of  30  feet,  leave  a  back  yard  of  16  feet  (24  feet  to 
the  middle  of  the  alley)  and  could  have  a  house  104 
feet  deep  if  he  wanted  such  a  thing.  Or,  he  could 
have  a  1 5-foot  garage  at  the  rear,  could  set  back  his 
front  50  feet  and  still  have  a  house  70  feet  deep. 
What  he  would  do,  of  course,  would  be  to  build  his 
house  the  depth  he  wanted  it  and  leave  a  much  larger 
rear  yard  than  the  law  requires.  It  is  quite  evident 
that  this  scheme  will  work  out  with  entire  satisfaction 
in  most  places. 

NOTE  2:  It  is  obviously  unfair  to  penalize  the  man 
who  voluntarily  leaves  a  large  front  yard  by  making 
him  increase  also  the  size  of  his  back  yard.  There- 
fore, it  is  provided  that  he  may  deduct  this  set-back 
from  the  depth  of  his  lot  for  purposes  of  calculating 
the  depth  required  for  the  back  yard. 

To  illustrate:  In  the  case  cited  under  Note  i,  on 
page  90  of  a  lot  100  feet  deep  and  a  front  set-back 

92 


§  23  LIGHT   AND    VENTILATION 

of  30  feet,  such  a  lot  would  be  considered  only  70 
feet  deep  and  the  back  yard  would  have  to  be  only 
20%  of  70  feet  or  14  feet  to  the  middle  line  of  the 
alley — or  only  6  feet  off  the  lot. 

NOTE  3:  If  these  standards  should  seem  to  work 
hardship  in  any  community  (which  the  author  very 
much  doubts),  it  is  suggested  that  the  thing  to  do  is 
not  to  depart  from  the  principle  of  having  the  size  of 
the  rear  yard  proportionate  to  the  depth  of  the  lot, 
but  to  change  the  standards.  Instead  of  having  the 
rear  yard  20%  of  the  lot  depth  have  it  less,  say  18%. 
Or,  per  contra,  if  the  standards  are  too  low  and  do 
not  in  a  given  community  produce  rear  yards  of  suf- 
ficient size,  change  the  standard  from  20%  to  22%  or 
25%  or  whatever  may  be  desired. 

NOTE  4:  Naturally,  the  size  of  the  rear  yard,  as  in 
the  case  of  other  open  spaces  left  vacant  for  light  and 
air,  should  increase  as  the  dwelling  increases  in  height. 
Under  the  plan  outlined  here  of  a  5%  increase  per 
story  the  following  results  will  be  obtained: 


YARD  DEPTHS  (LOT  100  FEET  DEEP) 


Height 

Corner  Lots 
10  feet  min. 

Interior  Lots 
10  feet 

.     10  ft. 

/5A 

20  ft. 

25  ft. 

30  ft. 

i  5  feet 
20  feet 
25  feet 
30  feet 
35  feet 

i -story .  . 
2-story .  . 
3-story .  . 
4-story .  . 
5-story .  . 
6-story .  . 
and  so  on. 


It  will  be  seen  that  this  automatically  checks  the 
erection  of  high  buildings  by  imposing  a  requirement 
for  a  larger  yard  as  the  dwelling  increases  in  height. 
This  is  deliberate.  A  high  building  in  the  case  of 
dwellings  is  unnecessary,  except  in  the  case  of  hotels. 
Hotels  have  been  exempted  from  these  provisions  for 
reasons  already  set  forth.  These  requirements  there- 
fore can  affect  adversely  only  the  apartment  house  or 
tenement;  for,  private  dwellings  seldom  exceed  3 
stories  in  height  and  two-family  dwellings  never  ex- 
ceed 2j/^  stories. 

There  can  be  no  question  as  to  the  desirability  of 
preventing  the  erection  of  sky-scraper  apartment 
houses  and  tenement  houses.  Outside  of  New  York 

93 


A    MODEL    HOUSING    LAW  §  24 

City  and  possibly  Boston,  they  are  not  a  necessity. 
If  a  city  like  Chicago  can  limit  the  great  mass  of  its 
apartment  houses  and  flats  to  three  stories,  as  it  has 
done  successfully  for  the  past  10  years  and  more, 
there  is  no  reason  why  every  other  city  in  America 
cannot  do  the  same.  The  best  way  to  do  this  is  to 
penalize  the  building  of  excessive  height  by  requiring 
much  more  open  space  to  be  left  around  it — a  method, 
incidentally,  which  the  courts  will  sustain. 

NOTE  5:  It  will  be  noted  that  the  standard  laid 
down  for  corner  lots  is  different  from  that  laid  down 
for  interior  lots.  This  is  but  right.  A  dwelling  on  a 
corner  lot  has  streets  on  at  least  two  sides  and  some- 
times on  three  sides  and  has  therefore  much  greater 
opportunities  for  light  and  air,  especially  for  continu- 
ous air  currents.  In  addition,  street  frontage  is  very 
valuable  and  the  owner  should  not  be  required  to 
sacrifice  more  of  this  than  is  absolutely  necessary 
to  insure  the  proper  lighting  and  ventilation  of  his 
building.  While  it  is  provided  that  the  depth  of 
yard  of  a  corner  lot  shall  not  be  less  than  1 5  per  cent 
of  the  depth  of  the  lot,  this  requirement  is  subject 
to  the  further  requirement  found  later  in  the  section, 
that  no  yard  under  any  circumstances  shall  be  less 
than  10  feet  in  depth.  Thus  in  the  case  of  a  corner 
lot  60  feet  in  depth,  it  would  not  be  possible  to  have 
the  yard  less  than  10  feet  deep,  which  would  be  over  1 5 
per  cent  of  such  a  lot.  Ten  feet  is  the  irreducible  mini- 
mum; a  yard  less  than  this  cannot  furnish  adequate 
light  and  ventilation. 

§24.  SIDE  YARDS;  DISTANCE  BETWEEN  ADJACENT 
BuiLDiNGS.1  In  order  to  insure  adequate  light  and  venti- 
lation and  reduce  the  conflagration  hazard  and  preserve 
the  amenities16  of  residential  districts,  no  dwelling  here- 
after erected  shall  approach  nearer  at  any  point  to  any 
adjacent  building  than  as  prescribed  in  this  section.  The 
space  between  such  dwelling  and  any  adjacent  building2-3'4' 
at  the  side  thereof,  either  on  the  same  lot  or  on  an  ad- 
joining lot,  measured  from  the  side  wall  of  said  dwelling 
to  the  nearest  wall  of  such  adjoining  building,  shall  be 
deemed  a  side  yard  and  shall  be  as  follows : 

(a)  In  the  case  of  private  dwellings7  hereafter  erected 

94 


§24  LIGHT   AND    VENTILATION 

one  story  in  height  such  space  shall  be  not  less  than  SIX 
feet ;  for  such  dwellings  one  and  one  half  or  two  stories  in 
height  EIGHT  feet;  for  such  dwellings  two  and  one  half 
or  three  stories  in  height  TEN  feet  and  shall  increase 
similarly  TWO  feet  for  each  additional  story  or  part  story. 

(b)  In  the  case  of  two-family  dwellings  and  multiple- 
dwellings7  hereafter  erected  such  space  shall  be  propor- 
tionate to  the  height  of  such  dwelling  and  also  to  its  length 
or  depth,  as  follows:    for  such  dwellings  one   story  in 
height  such  space  shall  be  not  less  than  EIGHT  feet;  for 
such  dwellings  one  and  one  half10  or  two  stories,  TEN 
feet;  for  such  dwellings  two  and  one  half  or  three  stories, 
TWELVE  feet;  for  such  dwellings  four  stories  FOUR- 
TEEN feet;  and  shall  increase  similarly  TWO  feet  for  each 
additional  story  or  part  story.    Wherever  such  dwellings 
exceed  S I  XT Y8  feet  in  length  or  depth,  such  side  yard  space 
shall  be  further  increased  throughout  its  entire  width9  by 
TWO  feet  for  every  TEN  feet  or  fraction  thereof  that  such 
length  or  depth  is  in  excess  of  SIXTY  feet. 

(c)  Where  the  adjoining  premises  are  unbuilt  upon5  at 
the  time  said  dwelling  is  erected,  the  full  space  required 
between  the  buildings  as  above  provided,  shall  be  left 
upon  the  same  lot  with  the  dwelling,  measured  from  the 
side  wall  of  the  dwelling  to  the  side  lot  line,  unless  the 
owner  of  said  adjoining  premises  files  with  the  county  clerk 
of  the  county  in  which  the  dwelling  is  situated  a  written 
easement  agreement  binding  upon  him,  his  heirs,  adminis- 
trators and  assigns  that  he  will  keep  unbuilt  upon  and 
available  for  light  and  air  a  sufficient  portion  of  his  lot 
immediately  adjoining  such  side  yard  to  give  the  required 
space  between  buildings.    The  city,  town  or  village  through 
its  corporation  counsel,  or  equivalent  officer,  shall  be  a 
party6  to  such  easement  agreement  which  shall  not  be  dis- 
solved without  the  city's  consent.    A  copy  of  such  agree- 
ment shall  be  filed  in  the  office  of  the  health  officer  with 
the  plans  for  such  dwelling,  and  shall  also  be  there  in- 
dexed by  street  and  number; 

(d)  All  of  the  above  mentioned  side  yards  shall  be  at 

95 


A    MODEL    HOUSING    LAW  §  24 

every  point  open  from  the  ground  to  the  sky,  except  as 
otherwise  provided  in  paragraph  sixteen  of  section  two.11-15 

(e)  Nothing  in  this  section  contained  shall  be  construed 
as  preventing  the  building  of  dwellings  in  rows  adjacent 
to  each  other  with  no  space  between  them.13 

(f)  Nor  shall  anything  in  this  section  be  construed  as 
preventing  the  building  of  single  dwellings  of  all  classes 
right  up  to  the  side  lot  line,  provided  no  room  or  public 
hall  or  other  part  thereof  obtains  the  light  and  ventilation 
required14  by  this  act  from  windows  located  at  such  lot 
line  or  on  any  side  yard  less  than  the  size  required  by  this 
section. 

(g)  If  any  space  is  left  it  shall  conform  to  the  provisions 
of  this  section.14 

Explana-  NOTE  i :  No  section  in  the  entire  act  will  arouse  so 

much  opposition  as  the  attempt  to  regulate  the  space 
between  adjacent  buildings  and  to  require  the  leaving 
open  of  a  sufficient  space  to  give  adequate  light  and 
ventilation.  The  ideal  condition  would  be  to  require 
every  dwelling  hereafter  erected  to  have  plenty  of 
open  space  on  all  sides  of  it.  This  is  of  course  not 
practicable  in  large  cities  or  in  the  well  built-up  por- 
tions of  small  ones,  desirable  though  it  may  be.  In 
such  places  it  is  often  necessary  to  build  houses  in 
contiguous  rows,  "terraces"  as  they  are  called  in 
certain  sections  of  the  country.  In  the  case  of  apart- 
ment houses,  flats  and  tenement  houses,  and  many 
other  classes  of  dwellings  this  is  more  often  the  rule 
than  it  is  the  exception.  In  the  case  of  most  pri- 
vate dwellings,  however,  except  in  the  largest  cities, 
and  even  in  the  case  of  two-family  houses,  it  will 
still  be  found  possible  to  leave  an  open  space  be- 
tween the  buildings.  It  has  not  been  sought,  there- 
fore, in  this  act  to  impose  a  mandatory  requirement 
against  the  erection  of  houses  in  contiguous  rows. 
Such  a  requirement  would  probably  be  unconstitu- 
tional. It  is,  however,  of  great  importance  to  make 
sure  that  adequate  space  is  left  between  buildings 
where  dwellings  are  not  built  solidly  in  rows.  The 
prevailing  practice  in  most  of  our  cities  is  to  leave  a 
totally  inadequate  space;  sometimes  only  a  foot 
between  buildings,  often  as  little  as  3  feet  and  only 


§  24  LIGHT   AND    VENTILATION 

in  rare  cases  is  anything  like  an  adequate  space  pro- 
vided. The  purpose  of  leaving  an  open  space  at  the 
side  of  a  building  is  to  furnish  sufficient  light  and  air 
to  the  windows  of  the  rooms  in  the  interior  part  of 
the  building  which  do  not  open  on  the  street  or  front 
or  rear  yard.  It  is  far  better  that  no  space  should  be 
left  than  to  have  a  space  left  which  will  furnish  neither 
light  nor  ventilation  but  instead  simply  becomes  a 
damp,  dark  pocket  and  gathering  place  for  rubbish 
and  waste  material.  Experience  shows  conclusively 
that  no  less  than  16  feet  should  be  left  between  dwell- 
ings. This  will  give  a  side  yard  of  a  minimum  width 
of  8  feet  on  each  side  of  each  dwelling.  With  the 
width  of  lot  that  has  been  employed  in  the  past  in 
most  of  our  cities,  objection  will  at  once  be  made  to 
this  requirement  as  "idealistic"  and  impracticable. 
It  will  be  claimed  that  this  requires  the  giving  up  of 
1 6  feet  of  the  width  of  the  lot  for  side  yards  and  that 
on  a  25-foot  lot  this  would  leave  but  9  feet  for  the 
dwelling,  and  that  this  is  absurd, — which  of  course  it 
is.  Even  on  a  4O-foot  lot  this  provision  will  allow 
a  dwelling  only  24  feet  wide,  if  the  house  is  placed 
in  the  middle  of  the  lot,  and  this  is  not  large  enough 
for  the  class  of  dwelling  which  it  is  desired  to  erect 
in  many  of  our  cities.  The  standards  adopted  in  this 
section,  therefore,  represent  as  near  an  approxima- 
tion to  the  ideal  as  it  seems  wise  to  go  and  should  be 
treated  as  the  irreducible  minimum. 

The  standards  of  the  Federal  Government  on  this 
point  in  the  "  Standards  for  Permanent  Construction" 
adopted  March  7,  1918,  by  the  U.  S.  Department  of 
Labor  and  the  U.  S.  Shipping  Board  in  the  housing  of 
ship-builders  and  industrial  workers  during  the  War 
are  most  significant .  These  were : 

"  10.  Open  Spaces.  Side  yard  space  between  ad- 
jacent buildings  to  be  preferably  20  feet;  minimum 
1 6  feet;  such  space  to  be  increased  proportionately  for 
each  additional  story,  or  part  of  story,  above  two 
stories.  If  this  space  is  not  obtainable  because  of  lot 
sizes  or  land  values,  houses  should  be  built  in  rows 
or  groups/' 

And  these  are  standards  which  were  adhered  to  in 
all  government  houses  built  with  the  two  hundred  mil- 
lion dollars  appropriated  by  Congress  for  the  housing 
of  war  workers. 

7  97 


A    MODEL    HOUSING    LAW  §  24 

It  is  at  once  seen  that  the  standards  cited  are  im- 
measurably higher  than  anything  attempted  in  this 
law.  They  are  what  should  be  required  in  this  law, 
however,  and  in  the  laws  of  all  states.  Anything  less 
than  1 6  feet  between  adjacent  two-story  dwellings 
is  inadequate  and  will  not  furnish  sufficient  light  and 
air,  nor  provide  the  amenities  of  civilized  life.  There 
is,  however,  a  vast  difference  between  the  standards 
that  may  be  adopted  in  operations  such  as  the  Fed- 
eral Government  undertook  during  the  War  (where 
as  a  rule  acreage  property  was  bought  and  lots  were 
made  whatever  size  was  desired)  and  a  mandatory 
law  which  affects  practically  every  unimproved  parcel 
of  real  estate  in  a  given  city.  Where  property  is 
already  subdivided  and  lot  sizes  have  become  fixed,  it 
is  often  difficult,  if  not  impossible,  to  adopt  the  stand- 
ards that  should  be  adopted,  without  disturbing  real 
estate  values  to  too  great  an  extent.  For  these  reasons, 
the  low  standards  established  here  have  been  adopted. 
They  are  just  half  the  standards  of  the  Federal  Govern- 
ment. 

The  chief  difficulty  is  met  in  cities  where  the  pre- 
vailing lot  unit  is  one  of  narrow  width,  25  feet  or  30 
feet.  To  leave  16  feet  between  adjacent  buildings  on 
lots  but  25  feet  wide,  would  leave  only  9  feet  of  the  lot 
width  available  for  building  purposes,  which  as  already 
pointed  out  is  of  course  an  impossible  situation. 
With  3O-foot  lots  it  is  not  much  better. 

It  is  no  exaggeration  to  say  that  the  success  or 
failure  of  the  entire  housing  law  may  hinge  upon  the 
skill  with  which  these  requirements  for  side  yards  are 
adjusted  to  local  conditions.  It  is,  therefore,  of  the 
utmost  importance  before  determining  what  the  stand- 
ard shall  be  in  a  given  city  to  have  complete  and  full 
information  as  to  the  existing  conditions  and  the  then 
practice  in  that  community. 

This  means  that  an  exact  and  careful  inquiry  should 
be  made  as  to  the  lot  units  that  prevail  in  that  commu- 
nity especially  with  reference  to  the  width  of  lot  unit. 
These  facts  are  known  in  a  general  way  to  the  leading 
real  estate  men  of  the  town.  They  should  be  ascer- 
tained accurately;  this  requires  no  great  expendi- 
ture of  time  or  effort. 

Similarly,  it  is  equally  important  to  know  accu- 
rately what  the  current  practice  or  fashion  of  housing 


24  LIGHT   AND   VENTILATION 

is  in  each  community  with  reference  to  the  method  of 
placing  the  house  upon  the  lot;  and  what  the  prevail- 
ing type  of  house  is  that  people  desire  to  build,  espe- 
cially as  to  width.  If,  for  example,  in  a  given  com- 
munity the  lots  are  uniformly  50  feet  wide  and  no 
one  is  accustomed  to  building  a  house  wider  than  24 
feet,  it  is  obvious  that  a  requirement  could  be  adopted 
with  perfect  safety  calling  for  side  yards  of  10  feet  on 
each  side  of  new  dwellings,  thus  leaving  20  feet  be- 
tween adjacent  dwellings.  If  on  the  other  hand,  how- 
ever, in  a  given  community  it  develops  that  the  pre- 
vailing lot  width  is  30  feet  and  the  kind  of  building  that 
people  desire  to  have  built  is  a  dwelling  22  feet  wide 
it  is  obvious  that  no  more  than  8  feet  can  be  left 
between  adjacent  dwellings.  This  is  entirely  inade- 
quate and  so  small  a  space  ought  not  to  be  left,  but  it 
may  be  the  part  of  wisdom  to  set  the  standards  as  low 
as  this  and  not  jeopardize  the  passage  of  the  entire  act. 

NOTE  2 :  One  of  the  chief  reasons  why  the  attempts 
made  in  housing  laws  based  upon  the  Model  Housing 
Law  during  the  past  five  years  to  set  adequate  stand- 
ards for  side  yards  have  given  rise  to  difficulty,  has 
been  due  largely  to  the  fact  that  it  was  attempted  (as 
provided  in  the  earlier  edition  of  the  Model  Housing 
Law)  to  fix  definitely  the  distance  from  the  side  wall 
of  a  new  dwelling  to  the  side  lot  line,  upon  the  as- 
sumption that  each  dwelling  must  stand  on  its  own 
base  and  that  adequate  light  and  ventilation  must  be 
provided  around  it  irrespective  of  neighboring  condi- 
tions. Theoretically,  this  was  sound  but  it  did  not 
always  work  out  advantageously  in  practice. 

All  that  a  housing  law  need  concern  itself  with  in 
this  respect  is  to  make  sure  that  there  is  adequate  open 
space  for  light  and  ventilation  and  fire  protection  be- 
tween adjacent  buildings.  The  practical  thing,  there- 
fore, is  to  permit  the  measurement  of  such  open  space 
to  be  taken  from  the  wall  of  one  building  to  the  wall  of 
the  nearest  adjacent  building,  irrespective  of  where 
the  lot  line  may  be.  The  disadvantages  of  this  more 
liberal  method  of  treatment  are  that  at  some  future 
time  the  adjoining  dwelling  which  at  the  time  may 
have  a  large  side  yard,  may  later  be  torn  down  or  may 
burn  down  and  a  new  dwelling  may  be  erected  nearer  to 
the  lot  line;  in  that  case  reducing  considerably  the 
available  amount  of  light  and  air  between  the  two 

99 


A    MODEL   HOUSING    LAW  §  24 

buildings.  Weighing  the  whole  question  carefully,  it 
seems  that  this  is  the  lesser  of  the  two  evils  and  that 
it  is  better  to  take  a  chance  on  the  adjoining  building's 
ultimately  being  torn  down  than  it  is  to  impose  stand- 
ards which  because  of  unfortunate  property  subdivi- 
sions cannot  be  applied  without  working  undue  hard- 
ship. 

NOTE  3 :  Another  important  advantage  in  measur- 
ing the  side  yard  space,  to  the  wall  of  the  nearest  ad- 
jacent building  is  found  in  those  communities  where  the 
local  custom  prevails  of  not  putting  the  house  exactly  in 
the  centre  of  the  lot.  In  some  cities,  and  there  are  quite  a 
number  of  them,  it  is  the  custom  to  leave  a  much  larger 
side  yard  on  the  south  side  of  the  building  than  on  the 
north.  Where  the  owners  of  the  adjacent  property 
adopt  this  practice,  there  are  no  disadvantages;  for, 
the  space  between  buildings  is  maintained  at  the  same 
amount  as  if  the  houses  had  been  placed  directly  in  the 
middle  of  each  lot.  To  illustrate:  Take  the  case  of  a 
city  where  the  lots  are  40  feet  wide  and  the  owners  are 
buHding  houses  30  feet  wide.  This  leaves  10  feet 
available  on  the  two  sides  for  side  yards  for  purposes 
of  light  and  air.  Instead  of  placing  the  house  in  the 
centre  of  the  lot  and  leaving  5  feet  on  each  side  of  it 
the  custom  prevails  of  leaving  a  side  yard  on  the 
southerly  side  of  the  dwelling  of  7  feet  and  on  the 
northerly  side  of  3  feet,  the  adjacent  owners  employing 
the  same  practice.  There  is  then  10  feet  between 
each  pair  of  buildings,  the  same  amount  that  would 
result  if  5  feet  were  left  on  each  side.  With  the  in- 
creased use  of  the  automobile  this  method  of  placing 
the  house  on  the  lot  assumes  new  importance  for  it  is 
necessary  to  get  access  to  the  garage  at  the  rear  of  the 
lot  and  it  is  a  very  common  method  of  doing  this  to 
have  a  side  yard  between  two  houses  10  feet  wide. 
Moreover,  the  larger  side  yard  on  the  southerly  side  of 
the  house  has  advantages  from  the  point  of  view  of 
people  who  have  gardens  and  who  wish  to  plant  flowers 
along  side  of  their  houses;  for,  it  insures  them  a  wider 
exposure  and  therefore  more  sunlight. 

As  illustrative  of  the  results  that  would  be  obtained 
under  the  standards  suggested  in  this  section,  the  fol- 
lowing table  is  appended  for  convenience  of  reference : 


100 


§24 


LIGHT   AND    VENTILATION 


SIDE  YARD  WIDTHS 

HEIGHT  OF  BUILDING 

Private  Dwellings 

2  Family  &  Multiple 
Dwellings 

Space 

Space 

Space 

Space 

Between 

on  Each 

Between 

on  Each 

Buildings 

Lot 

Buildings 

Lot 

i  story 

6ft. 

3  ft. 

8ft. 

4  ft. 

\y£  stories  . 

8ft. 

4  ft. 

10  ft. 

5ft. 

2  stones 

8ft. 

4  ft. 

10  ft. 

5ft. 

2>^  stories   . 

•     10  ft. 

5  ft. 

12  ft. 

6ft. 

3  stories       . 

10  ft. 

5ft. 

12  ft. 

6ft. 

4  stones 

12  ft. 

6ft. 

14  ft. 

7  ft. 

5  stories 

14  ft. 

yft. 

i6ft. 

8ft. 

6  stories       ... 

i6ft. 

8ft. 

i8ft. 

9  ft. 

etc. 

NOTE  4:  In  cities  where  lots  are  narrow  and  where 
it  is  practically  impossible  to  leave  adequate  space 
between  adjacent  buildings  because  of  that  fact,  and 
where  the  people  are  unwilling  to  resort  to  the  row  or 
group  type  of  house  with  no  side  yard  between,  it  is 
sometimes  suggested  that  the  housing  law  should 
impose  totally  inadequate  standards  as  to  side  yards, 
something  like  3  feet  between  adjacent  buildings 
for  the  older  parts  of  town  where  the  property  is  al- 
ready subdivided  and  cannot  be  changed;  and  then  to 
require  more  adequate  side  yards  in  the  newer  sub- 
divisions. There  is  considerable  doubt  as  to  whether 
such  a  plan  would  be  held  by  the  courts  to  be  consti- 
tutional. The  courts  might  hold  that  it  was  an  un- 
reasonable discrimination  not  to  permit  the  property 
owner  in  the  new  part  of  the  town  to  occupy  as  much 
of  the  land  as  the  property  owner  in  the  older  part  of 
the  town.  It  is  not  a  solution  of  the  difficulty  that 
commends  itself  to  the  writer.  Where  such  a  situa- 
tion exists,  he  believes  that  the  thing  to  do  is  to  insist 
upon  having  the  right  standards  and  to  say  as  the  Fed- 
eral Government  has  done  in  its  Permanent  Standards 
which  will  be  found  in  Chapter  VII,  pages  341-372. 

"  If  this  space  is  not  obtainable  because  of  lot  sizes 
or  land  values,  houses  should  be  built  in  rows  or 
groups."  In  the  great  majority  of  cases  where  the 

101 


A    MODEL    HOUSING    LAW  §  24 

lots  are  as  a  rule  20  or  25  feet  or  even  30  feet  wide  if  it 
is  sought  to  impose  proper  standards  for  side  yards  in 
a  housing  law,  it  will  mean  that  the  dwelling  house 
will  be  built  on  2  lots  (as  it  should  be  under  these  cir- 
cumstances) instead  of  on  one  lot  as  in  the  past.  This 
suggestion,  however,  will  at  once  be  met  by  the  owners 
of  property  in  such  a  community  with  the  inquiry  as  to 
what  is  to  become  of  the  owner  of  the  single  lot  sand- 
wiched in  between  2  adjacent  lots  already  improved. 
The  answer  to  such  a  query  is  that  no  law  can  be  for- 
mulated which  will  not  work  some  slight  degree  of  in- 
justice or  apparent  hardship  and  that  the  welfare  of 
the  community  in  having  adequate  and  ample  space 
for  light  and  air  and  fire  protection  and  the  amenities 
of  civilization  between  buildings,  far  outweighs  the 
hardship  that  may  be  suffered  by  the  few  individual 
lot  owners  in  that  community  who  may  be  thus 
situated.  Moreover,  it  should  be  pointed  out  to  such 
individuals  that  under  the  law  the  owner  of  such  a  lot 
can  always  build  his  property  up  to  the  lot  line  and  by 
using  a  different  type  of  house  conform  to  the  housing 
law.  That,  by  either  building  his  house  2  rooms  deep, 
having  the  rooms  secure  their  light  and  air  from  the 
street  or  from  the  back  yard,  or  by  utilizing  courts  he 
can  build  a  dwelling  which,  though  it  may  not  be  ar- 
ranged in  all  respects  according  to  the  particular  type 
of  house  that  has  prevailed  in  that  community  in  the 
past,  will  still  be  an  adequate  dwelling  and  one  that 
people  will  want  to  live  in  and  one  that  will  have  proper 
light  and  air. 

NOTE  5 :  Reference  has  been  made  in  Note  2  to  the 
desirability  of  taking  advantage  of  adjacent  property 
conditions  and  allowing  the  owner  of  a  new  projected 
dwelling  to  secure  the  benefit  so  far  as  practicable  of 
his  neighbor's  light  and  air.  It  will  not  do,  however, 
to  be  too  liberal  in  this  respect.  Otherwise,  the  whole 
purpose  of  the  law  may  be  defeated.  Take  the  case, 
for  instance,  of  a  man  who  is  building  a  dwelling  on  a 
lot  where  there  are  no  dwellings  already  erected  on 
either  side  of  him;  and  this  is  quite  a  common  occur- 
rence. He  might,  unless  the  law  safeguarded  this 
point,  build  his  dwelling  right  up  to  the  lot  line  on 
either  side  claiming  that  he  was  leaving  a  great  deal 
more  space  between  his  building  and  the  nearest 
adjacent  building  than  the  law  required,  the  "nearest 

102 


24  LIGHT   AND    VENTILATION 

adjacent  building"  in  his  case  possibly  being  100  or 
200 feet  distant,  or  even  further  away.  If  his  building 
were  permitted  to  be  erected  in  this  way,  we  would 
soon  have,  when  the  adjacent  property  began  to  be 
built  up,  all  of  the  evils  of  the  present  day  of  "  lot  line 
windows,"  and  the  building  in  question  would  soon 
have  its  light  shut  out  by  neighboring  buildings  erected 
close  to  the  lot  line.  It  will  not  do  of  course  to  permit 
anything  of  this  kind.  Where  a  man  is  building  and 
the  adjacent  property  is  not  built  upon,  it  is  reasonable 
to  require  him  to  leave  the  full  amount  of  space  needed 
between  buildings  entirely  on  his  own  lot,  or  failing  in 
this  to  secure  a  binding  agreement  on  the  part  of  his 
neighbor  to  leave  a  similar,  space  on  his  property 
unbuilt  upon  for  purposes  of  light  and  air.  There  will 
probably  be  much  objection  made  to  filing  an  ease- 
ment agreement,  the  chief  objection  being  made  that 
it  is  a  lot  of  bother  that  the  average  man  who  builds 
a  house  doesn't  want  to  bother  with;  that  it  involves 
a  lot  of  legal  red  tape;  that  it  clouds  the  title  of  the 
property;  that  it  involves  the  paying  of  a  lawyer;  and 
especially  that  it  means  that  one's  neighbor  will  hold 
him  up  for  compensation  of  an  exorbitant  nature  be- 
fore he  will  sign  such  an  easement  agreement.  Un- 
doubtedly many  of  these  objections  are  valid  though 
none  of  them  presents  any  real  difficulty  where  a  person 
wants  to  carry  out  this  scheme.  The  answer  to  them 
is  that  a  man  cannot  have  his  cake  and  eat  it  too.  If 
he  wants  the  very  great  advantage  of  leaving  vacant 
on  his  lot  only  half  the  space  that  he  ought  to  leave 
to  secure  adequate  space  between  buildings,  he  surely 
ought  to  pay  whatever  may  be  necessary  to  obtain 
from  his  neighbor  a  similar  space  and  paying  a 
lawyer's  fee  for  such  an  easement  agreement  is  a  very 
small  matter.  Where  a  man  building  a  dwelling  is 
unable  to  do  this  he  certainly  should  be  required  to 
leave  the  full  space  on  his  own  lot. 

NOTE  6:  The  plan  as  outlined  here  presents  one  or 
two  novel  features  of  considerable  importance.  The 
ordinary  easement  agreement  where  it  has  been  tried 
for  such  purposes  has  been  of  little  legal  value,  for  the 
reason  that  it  was  in  its  essence  only  a  private  contract 
between  two  individuals  and  could  be  dissolved  at  any 
time  when  those  two  individuals  or  their  successors  in 
interest  so  desired.  The  result  of  this  situation  was 

103 


A    MODEL    HOUSING    LAW  §  24 

that  with  an  easement  agreement  of  this  kind  filed 
when  the  house  was  built  it  was  possible  some  5  or  10 
years  later  for  the  then  owners  of  the  two  pieces  of 
property  to  get  together  and  decide  to  dissolve  it; 
with  the  result  that  one  of  the  pieces  of  property  was 
torn  down  and  a  new  building  built  close  to  the  adjacent 
building.  Thus  the  whole  purpose  of  the  easement 
agreement  was  made  null  and  void.  I  n  order  to  obviate 
this  difficulty,  it  is  provided  here  that  the  city,  town 
or  village  through  its  Corporation  Counsel,  City  At- 
torney or  equivalent  officer  shall  be  a  party  to  the 
easement  agreement  and  that  the  agreement  shall  not 
be  dissolved  without  the  city's  consent.  It  is  further 
provided,  for  the  same  reason,  that  a  copy  of  the 
agreement  shall  be  filed  in  the  office  of  the  Health  Offi- 
cer as  part  of  the  plans  of  the  dwelling  and  shall  be 
indexed  by  street  and  number  so  that  any  person  may 
readily  find  it. 

NOTE  7:  In  most  cities  the  side  yard  is  the  usual 
method  of  treatment  in  the  case  of  the  private  dwel- 
ling, a  type  that  it  is  most  desirable  to  encourage.  It  is 
the  prevailing  type  of  American  habitation.  The  con- 
ditions that  prevail  with  regard  to  the  private  dwelling 
differ  materially  from  the  conditions  that  exist  in  the 
case  of  multiple  dwellings  of  various  kinds  and  espe- 
cially flats  and  apartment  houses,  including  the  so- 
called  two-family  dwelling  as  defined  in  this  act,  which 
is  in  effect  a  2-story  flat.  In  the  case  of  multiple 
dwellings,  we  do  not  have  the  situation  of  a  man 
owning  his  own  home  built  for  his  own  occupancy. 
Such  buildings  are  built  always  to  rent  and  the  families 
that  live  in  them  have  no  choice  but  must  take  the 
kind  of  accommodations  that  are  available  for  rent  in 
that  community.  A  man  can  build  his  own  home  the 
way  he  wants  it,  as  a  rule,  but  a  tenant  can  rent  only 
the  kind  of  apartment  that  is  vacant  when  he  is  look- 
ing for  a  place  to  live  in.  In  addition,  the  .multiple 
dwelling  is  generally  a  business  investment  and  as  a 
rule  represents  a  sufficiently  large  return  on  the  capital 
invested  to  warrant  the  imposing  of  adequate  stand- 
ards for  light  and  air.  It  may  be  necessary  in  some  in- 
stances to  compromise  with  our  principles  and  accept 
lower  standards  in  the  case  of  private  dwellings  than 
we  believe  to  be  right,  but  this  is  not  at  all  necessary  in 
the  case  of  the  multiple  dwelling.  Moreover,  multiple 

104 


§  24  LIGHT   AND    VENTILATION 

dwellings,  especially  the  larger  apartment  houses  and 
flats,  are  not  as  a  rule  built  with  side  yards  as  the  chief 
feature.  Courts  are  much  more  commonly  used  with 
this  type  of  building,  varying  from  the  open  street 
court  of  the  H-shaped  apartment  house  to  the  outer 
court  and  even  to  the  large  central  inner  court  or 
garden  that  is  coming  into  vogue  more  and  more  in 
recent  construction. 

For  these  reasons,  it  will  be  noted  that  a  differen- 
tiation has  been  made  between  the  size  required  for 
side  yards  in  the  case  of  private  dwellings  and  in  the 
case  of  multiple  dwellings  and  two-family  dwellings, 
the  standards  being  2  feet  more  in  the  case  of  the  latter 
than  the  former. 

NOTE  8:  The  adequacy  of  the  side  yard  depends 
upon  three  factors — its  width,  the  height  of  the  build- 
ing and  its  depth  or  length.  The  longer  or  deeper  the 
building,  the  wider  the  side  yard  should  be.  In  some 
cities  where  lots  of  200  feet  depth  prevail,  it  is  not 
uncommon  to  build  apartment  houses  and  flats  4 
stories  high  and  1 80  feet  deep  with  a  side  yard  from  3 
to  4  feet  wide.  It  is  obvious  that  such  side  yards  are 
grossly  inadequate  and  ought  not  to  be  permitted. 

For  these  reasons,  a  requirement  has  been  included 
in  this  section  by  which  as  dwellings  increase  in  depth 
beyond  60  feet,  which  is  taken  as  the  normal  maximum 
depth  of  a  dwelling,  the  side  yard  shall  increase  by  2 
feet  for  every  10  feet  of  additional  length  beyond  60 
feet.  This  applies  only  to  the  case  of  two-family 
dwellings  and  multiple  dwellings;  for,  no  private 
dwelling  is  likely  to  be  erected  which  will  exceed  or 
even  equal  60  feet  in  depth.  The  multiple  dwelling 
can  well  afford  to  leave  this  additional  space,  and 
should  be  made  to.  It  is  to  be  carefully  noted  that 
the  length  of  the  side  yard  is  measured  (see  definitions 
Section  2  (6))  from  the  front  wall  of  the  dwelling  to 
its  rear  wall  and  not  to  the  rear  lot  line. 

The  way  that  this  would  work  out  in  practice  can 
best  be  appreciated  by  a  concrete  example.  Take  the 
case  of  a  3-story  apartment  house  on  a  lot  i  oo  feet  deep 
with  a  building  72  feet  deep.  In  that  case  under  the 
provisions  of  this  section,  the  side  yard  would  have  to 
be  1 6  feet  wide — 12  feet  the  minimum  for  a  building  of 
this  height,  with  an  additional  4  feet  of  width  required 
because  of  the  additional  depth  of  the  building  beyond 

105 


A    MODEL    HOUSING    LAW  §  24 

60  feet.  This  would  mean  that  where  the  adjacent 
buildings  were  similarly  constructed,  only  8  feet  would 
have  to  be  left  on  each  side  of  the  flat  in'question.  It 
is  immediately  apparent  that  this  is  an  extremely 
liberal  provision  from  the  point  of  view  of  the  owner 
of  such  property.  In  the  case  of  a  4-story  building 
similarly  situated,  the  space  on  each  side  of  the  flat 
would  have  to  be  but  9  feet,  and  in  the  5-story  build- 
ing but  10  feet. 

In  the  case  of  lots  of  such  extreme  depth,  as  for 
instance,  a  lot  200  feet  with  a  building  of  very  great 
depth,  say  150  feet,  there  the  side  yard  for  a  3-story 
building  would  have  to  be  30  feet  between  adjacent 
buildings  or  15  feet  on  each  side  of  the  flat  to  be 
erected.  This  also  is  quite  liberal  in  view  of  the 
great  depth  of  the  building. 

NOTE  9:  It  should  be  noted  that  the  increase  in 
width  of  court  .requirement  because  of  greater  depth 
of  building  applies  to  the  entire  width  of  the  court. 
Without  this  specific  provision  the  law  would  be 
evaded;  as  ingenious  architects  have  sought  to  do  in 
several  cities  by  dividing  the  side  yard  up  into  several 
sections  making  each  section  of  a  certain  width  instead 
of  increasing  the  entire  width  of  the  side  yard  by  the 
amount  required. 

NOTE  10:  It  will  be  noted  that  specific  reference 
has  been  made  to  dwellings  i^  stories  in  height  and 
2>£  stories  in  height  and  that  these  are  treated  on  the 
same  basis  with  reference  to  width  of  side  yards  as 
buildings  of  2  full  stories  and  3  full  stories,  respectively. 
This  is  only  proper;  for,  a  i^-story  building  might 
be  higher  than  a  2-story  building  in  actual  number  of 
feet  in  height.  While  the  sloping  roof  does  permit 
more  light  and  air  to  enter  the  side  yard,  it  does  not 
confer  enough  benefit  to  offset  the  need  of  the  greater 
width  of  side  yard  for  a  building  of  such  height. 
While  the  definitions  would  include  such  parts  of 
stories  and  require  them  to  be  counted  as  full  stories, 
this  is  so  important  a  matter  that  it  has  been  thought 
best  to  state  the  requirement  in  such  clear  language 
that  there  can  be  no  misunderstanding  about  it;  for, 
it  has  been  found  in  practice  that  builders  and  other 
laymen  have  not  always  understood  this,  with  the 
result  that  it  has  given  rise  to  much  argument  with 
the  enforcing  officials,  causing  them  difficulties  and 

1 06 


§  24  LIGHT   AND    VENTILATION 

trouble.  It  is  to  obviate  this  that  the  language  em- 
ployed in  this  section  has  been  used. 

NOTE  1 1 :  One  of  the  difficulties  encountered  in 
connection  with  side  yards  is  found  in  the  practice 
which  prevails  in  many  cities,  especially  where  the 
peaked  roof  house  exists,  of  having  a  very  heavy 
"overhang"  of  the  eaves;  or,  in  the  case  of  flat  roof 
houses,  having  the  cornice  run  all  the  way  around  the 
side  yard  or  well  into  it.  There  are  many  instances 
where  adjacent  cornices  thus  overhanging  have  com- 
pletely filled  the  entire  side  yard.  A  side  yard  under 
these  conditions  is  of  little  value;  for,  all  of  the  sun- 
light and  most  of  the  air  is  shut  off  at  the  roof  by 
cornices  which  amount  almost  to  a  solid  wall.  The 
result  is  darkness,  dampness  and  lack  of  ventilation 
and  the  entire  purpose  of  having  a  side  yard  is  thus 
defeated. 

For  these  reasons  an  absolute  limit  of  18  inches  is 
set  on  the  amount  of  projection  of  cornices  and  eaves. 
This  would  give  3  feet  overhang  between  two  adjacent 
dwellings  reducing  in  the  case  of  a  2-story  dwelling 
the  effective  space  for  light  and  ventilation  from  8 
feet  to  5  feet.  It  is  at  once  seen  from  this  mere  state- 
ment how  vitally  important  it  is  to  safeguard  this 
point. 

Strong  arguments  will  be  presented  to  permit  en- 
croachments upon  the  side  yard  space  by  means 
of  porches  and  bay  windows.  This  should  not  be 
permitted.  The  minimum  widths  set  down  in  this 
section  are  the  minimum  and  should  not  be  encroached 
upon.  Bay  windows  are  not  at  all  necessary  in  the 
side  yard,  as  the  principal  rooms  of  the  house  do  not 
usually  open  upon  that  kind  of  open  space  but  upon 
the  street,  or  front  yard,  or  rear  yard  where  it  is 
easily  feasible  to  have  bay  windows.  With  regard 
to  porches  in  side  yards,  the  situation  is  somewhat 
different.  While  it  is  true  that  ample  porch  facilities 
for  any  dwelling  can  be  obtained  at  both  front  and 
rear,  it  will  be  found  in  a  number  of  cities,  especially 
in  the  case  of  two-family  houses,  that  it  is  desired  to 
have  the  entrance  for  one  of  the  families  by  means  of 
a  porch  or  piazza  at  one  side  of  the  building.  This 
must  necessarily  extend  into  the  side  yard.  Having 
the  porch  in  this  location  is  of  course  not  a  necessity 
as  the  building  can  be  so  planned  as  to  permit  entry 

107 


A    MODEL    HOUSING    LAW  §24 

to  both  apartments  from  the  front,  but  this  may  in- 
volve a  change  in  the  habits  of  the  people  and  it  may 
not  be  worth  while  to  attempt  to  overcome  the  op- 
position that  will  be  aroused  by  such  a  change.  If, 
therefore,  it  is  desired  to  meet  this  point  of  view  the 
following  concession  is  suggested  (see  also  Section  2, 
Subdivision  16).  Add  at  the  end  of  paragraph  (d)  the 
following: 

Concession  CONCESSION:  "  Except  that  in  a  private-dwelling  or  a 
two-family  dwelling  hereafter  erected  one  unenclosed  out- 
side porch  may  be  located  in  the  side  yard,  provided. such 
porch  does  not  extend  into  the  side  yard  a  greater  distance 
than  SIX  feet  from  the  side  wall  of  the  building  nor 
exceed  TWELVE  feet  in  its  other  horizontal  dimension. 
The  width  of  the  side  yard  in  dwellings  hereafter  erected" 

NOTE  12:  The  question  arises  sometimes  as  to 
whether  these  requirements  for  multiple  dwellings 
should  apply  to  hotels.  It  will  be  noted  that  no  ex- 
ception has  been  made  in  this  provision  in  the  case  of 
hotels,  although  the  modern  hotel  as  defined  in  Para- 
graph 4,  Section  2,  has  been  exempted  from  the  rear 
yard  requirements  of  the  law.  It  may  be  asked  why 
it  is  not  equally  necessary  to  exempt  hotels  similarly 
from  the  side  yard  requirement.  The  reason  that  such 
exemption  is  not  necessary  is  to  be  found  in  the  fact 
that  the  modern  hotel  (and  that  is  the  only  type  that 
we  are  concerned  with)  is  as  a  rule  built  on  a  corner 
lot  and  very  often  on  a  lot  bounded  by  three  streets. 
It  certainly  ought  not  to  be  built  on  an  interior  lot, 
and  for  these  reasons  the  side  yard  treatment  is  not 
likely  to  be  employed  in  connection  with  a  modern 
hotel.  Such  a  building  will-  get  its  light  and  air  from 
the  streets  and  generally  in  addition  from  a  large  inner 
court  and  sometimes  from  a  back  yard  and  outer  court. 
One  state  has  handled  this  situation  by  adding  at  the 
end  of  the  section  the  following: 

"The  above  requirements  for  side  yards  shall  not 
apply  to  hotels  hereafter  erected,  as  defined  in  Para- 
graph 4  of  Section  2,  outside  of  residential  districts." 

This  would  permit  great  latitude  in  the  case  of  hotels 
built  in  the  business  sections  of  cities,  the  place  where 
they  are  as  a  rule  located  in  most  cities,  but  would 

1 08 


24  LIGHT   AND   VENTILATION 

require  hotels  located  in  residential  districts  to  pre- 
serve the  amenities  of  the  residential  character  of 
the  district  by  having  adequate  side  yards.  This 
scheme  is  not  recommended.  The  writer  believes 
that  in  most  cases  it  will  be  found  that  hotels  can 
with  perfect  propriety  conform  to  the  require- 
ments of  this  section,  as  they  will  not  desire  to 
utilize  side  yards  at  all.  Where,  however,  a  situa- 
tion exists  where  it  seems  wise  to  make  an  exception, 
the  scheme  above  outlined  might  be  advantageously 
followed. 

NOTE  13:  One  city  where  the  detached  type  of 
dwelling  was  the  prevailing  type  and  where  the  "row 
house"  was  almost  unknown,  was  very  anxious  that 
their  law  should  prohibit  absolutely  the  building  of 
houses  in  rows  or  contiguous  to  each  other.  Such  a 
provision  would  mean  that  all  houses  would  have  to  be 
detached.  It  would  prevent  the  usual  type  of  semi- 
detached house.  It  would  prevent  the  so-called 
"  Philadelphia  row"  and  it  would  prevent  such  admir- 
able "group  houses"  as  have  been  developed  at  Saw- 
yer Park,  Williamsport,  Pa.,  or  at  Yorkship  Village, 
the  U.  S.  Shipping  Board  development  or  in  the  devel- 
opment of  the  Economical  Homes  Co.  at  Elizabeth, 
N.  J. — to  cite  but  a  few  of  the  recent  good  types  of* 
group  housing  developments  of  the  country.  1 1  would 
also  prevent  the  building  of  apartment  houses  and 
flats  in  the  way  in  which  almost  the  entire  cities  of 
New  York  and  Chicago  are  built  up  and  would  prevent 
the  building  of  the  usual  type  of  dwelling  house  in  the 
closely  built  up  sections  of  any  city. 

This  mere  statement  as  to  the  effect  of  such  a  scheme 
is  in  itself  sufficient  to  indicate  that  it  is  impracticable, 
even  though  desirable  from  some  points  of  view.  From 
the  legal  point  of  view  it  is  of  very  doubtful  constitu- 
tionality. One  doesn't  see  upon  what  basis  it  could 
be  justified  or  sustained  in  court.  To  say  that  every 
building  shall  stand  off  so  many  feet  from  any  adjacent 
building  even  though  there  may  be  no  windows  in  its 
side  walls  and  those  side  walls  may  be  of  brick,  would 
be  hard  to  justify  upon  grounds  of  health,  safety  or 
welfare. 

NOTE  14:  Some  states  have  sought  to  limit  the  re- 
quirement that  side  yards  shall  be  a  minimum  width, 
to  those  cases  where  there  are  "required  windows"  in 

109 


A    MODEL   HOUSING    LAW  §  24 

the  side  walls.  In  other  words,  where  a  type  of  dwell- 
ing is  erected  in  which  all  the  rooms  receive  their  light 
and  air  either  from  the  street  or  rear  yard  but  have 
supplementary  windows  on  the  side  yards,  it  is  sug- 
gested that  a  very  narrow  side  yard  be  permitted. 
There  is  a  good  deal  of  plausibility  to  this  suggestion 
but  it  is  a  dangerous  practice  which  ought  not  to  be 
permitted,  for,  it  will  mean  inadequate  space  between 
buildings,  with  resultant  dampness;  and  this  space, 
among  certain  classes  of  the  population  at  least  will 
become  the  gathering  ground  for  waste  material  and 
refuse  of  various  kinds.  There  is  danger,  too,  that 
later  on  the  building  in  question  may  be  altered,  that 
rooms  may  be  subdivided  and  new  rooms  created  open- 
ing entirely  on  the  side  yard  which  will  not  furnish 
adequate  light  or  ventilation.  This  is  a  very  real 
danger.  For  these  reasons,  it  is  essential  that  this 
section  should  contain  the  requirement  which  it  does, 
"  If  any  space  is  left  it  shall  conform  to  the  provi- 
sions of  this  section." 

NOTE  15:  In  some  cities  architects  have  sought  to  be 
permitted  to  have  side  yards  built  over  on  the  ground 
floor  just  as  they  have  desired  to  cover  over  courts 
and  rear  yards  on  the  ground  floor,  in  the  case  espe- 
cially of  multiple  dwellings.  This  should  not  be  per- 
mitted. One  of  the  advantages  of  the  side  yard  and 
one  of  the  reasons  for  according  it  the  liberal  treatment 
which  is  accorded  to  it  in  this  law  is  because  of  the  fact 
that  it  enables  persons  using  the  dwelling  to  walk  all 
around  it,  to  have  ready  access  to  the  rear  yard  and  to 
have  side  yards.  We  have  not  yet  in  our  civilization 
in  America  had  to  resort  to  the  hanging  gardens  of 
Babylon  and  until  we  do,  it  would. seem  desirable  to 
keep  yards  down  on  the  earth  and  not  up  in  the  sky. 
It  is  not  at  all  necessary  to  permit  this  excessive  use 
of  land  and  it  should  not  be  permitted. 

NOTE  16:  The  declaration  of  purpose  introduced  in 
the  first  sentence  of  this  section  which  reads: 

"In  order  to  insure  adequate  light  and  ventilation 
and  reduce  the  conflagration  hazard  and  preserve  the 
amenities  of  residential  districts" 

is  novel  though  it  has  been  followed  in  a  number  of 
the  recently  enacted  housing  laws.  The  language  has 
not  as  yet  been  construed  by  the  courts.  The  writer 

I  10 


§  24  LIGHT   AND    VENTILATION 

believes  that  the  section  is  strengthened  by  this  decla- 
ration of  purpose;  for,  it  enables  the  supporters  of  the 
law  when  attacked  to  adduce  as  reasons  for  this  section 
not  merely  the  necessity  of  adequacy  of  light  and  air 
but  the  importance  of  reducing  the  conflagration 
hazard — something  very  different  from  the  fire  hazard 
and  one  which  affects  the  whole  community — as  well 
as  the  important  consideration  of  having  civilized  and 
pleasant  conditions  of  living.  The  writer  believes 
that  on  the  Welfare  clause  of  the  Police  Power  the 
courts  will  uphold  a  requirement  of  this  kind,  based 
upon  the  necessities  of  preserving  the  amenities  of 
residential  districts;  and  that  a  law  based  upon  the 
undesirability  of  having  houses  built  so  close  together 
that  one  bed  room  is  so  near  to  a  bed  room  of  an 
adjacent  dwelling  that  there  cannot  be  proper  privacy, 
will  be  sustained  and  supported  by  our  courts. 


NOTE  17:  If  the  plan  outlined  in  this  section  of 
determining  the  size  of  side  yards  on  the  basis  of  Space 
between  adjacent  buildings  does  not  commend  itself  in 
any  given  case  and  it  is  desired  to  enact  a  provision  on 
the  basis  of  having  the  side  yard  measured  to  the  lot 
line  and  not  take  advantage  of  conditions  on  neighbor- 
ing property,  the  following  ALTERNATIVE'  SEC- 
TION is  given  for  guidance  in  such  a  contingency: 

§24.  SIDE  YARDS;  DISTANCE  BETWEEN  ADJACENT 
BuiLDiNGS.2  In  order  to  insure  adequate  light  and  ven- 
tilation and  reduce  the  conflagration  hazard  and  preserve 
the  amenities  of  residential  districts,  no  dwelling  hereafter 
erected  shall  approach  nearer  at  any  point  to  the  lot  line 
than  as  prescribed  in  this  section.  The  space  between 
such  dwelling  and  the  side  lot  line  measured  from  the  side 
wall  of  said  dwelling  shall  be  deemed  a  side  yard  and  shall 
be  as  follows: 

(a)  I  n  the  case  of  private  dwellings  hereafter  erected  one 
story  in  height  such  space  shall  be  not  less  than  THREE 
feet;  for  such  dwellings  one  and  one  half  or  two  stories  in 
height  FOUR  feet;  for  such  dwellings  two  and  one  half  or 
three  stories  in  height  FIVE  feet  and  shall  increase  sim- 
ilarly ONE  foot  for  each  additional  story  or  part  story. 

1 1 1 


A    MODEL   HOUSING    LAW  §  24 

(b)  In  the  case  of  two-family  dwellings  and  multiple- 
dwellings  hereafter  erected  such  space  shall  be  proportion- 
ate to  the  height  of  such  dwelling  and  also  to  its  length  or 
depth,  as  follows:   For  such  dwellings  one  story  in  height 
such  space  shall  be  not  less  than  FOUR  feet;   for  such 
dwellings  one  and  one  half  or  two  stories,  FIVE  feet;  for 
such  dwellings  two  and  one  half  or  three  stories,  SIX 
feet;    for  such  dwellings  four  stories  SEVEN  feet;    and 
shall  increase  similarly  ONE  foot  for  each  additional  story 
or  part  story.    Wherever  such  dwellings  exceed  SIXTY 
feet  in  length  or  depth,  such  side  yard  space  shall  be 
further  increased  throughout  its  entire  width  by  ONE 
foot  'for  every  TEN  feet  or  fraction  thereof  that  such 
length  or  depth  is  in  excess  of  SIXTY  feet. 

(c)  All  of  the  above  mentioned  side  yards  shall  be  at 
every  point  open  from  the  ground  to  the  sky,  except  as 
other-wise  provided  in  paragraph  sixteen  of  section  two. 

(d)  Nothing  in  this  section  contained  shall  be  construed 
as  preventing  the  building  of  dwellings  in  rows  adjacent 
to  each  other  with  no  space  between  them. 

(e)  Nor  shall  anything  in  this  section  be  construed  as 
preventing  the  building  of  single  dwellings  of  all  classes 
right  up  to  the  side  lot  line,  provided  no  room  or  public 
hall  or  other  part  thereof  obtains  the  light  and  ventilation 
required  by  this  act  from  windows  located  at  such  lot  line 
or  on  any  side  yard  less  than  the  size  required  by  this 
section. 

(f)  If  any  space  is  left  it  shall  conform  to  the  provisions 
of  this  section. 

.  NOTE  18:  If  this  scheme  is  followed  instead  of  the 
one  suggested,  it  will  be  necessary  to  add  to  Section 
29  the  following:  After  the  words  "shall  conform 
to  the  provisions  of  section  twenty-four  relating  to 
side  yards"  strike  out  the  period,  insert  a  comma,  and 
add  the  following: 

"but  shall  be  twice  the  width  therein  required." 
1 12 


§  25  LIGHT   AND   VENTILATION 

§25.  CouRTs.1  The  size  of  all2  courts  for  dwellings 
hereafter  erected  shall  be  proportionate  to  the  height3  of 
the  court,  which  for  purposes  of  this  section  shall  be  meas- 
ured from  the  bottom  of  such  court,  wherever  it  starts, 
to  the  top  of  the  highest  wall  abutting  it.  No  court  shall 
be  less  in  any  part4  than  the  minimum  sizes  prescribed  in 
this  section.  The  minimum  width  of  a  court  throughout 
its  entire  height  shall  never  be  less  than  ONE  THIRD5  of 
such  height.  The  length  of  an  inner  court  shall  never  be 
less  than  twice  such  minimum  width.6  The  length  of  a 
court,  except  in  the  case  of  a  side  yard,  shall  never  be 
greater  than  four  times  its  width.7  The  width  of  all  courts 
adjoining  the  lot  line  shall  be  measured  to  the  lot  line 
and  not  to  an  opposite  building.8 

NOTE   i :    The  comments  in  connection  with  the  Explana- 
defmitions  (Section  2,  Sub-division  7)  have  a  special  tion 
bearing  on  this  section,  and  should  be  read  in  con- 
nection therewith. 

NOTE  2:  While  there  is  a  material  difference  be- 
tween outer  and  inner  courts  and  logically  they  should 
be  treated  in  the  law  on  a  different  basis,  the  outer 
court  being  permitted  to  be  of  a  less  size  than  the 
inner  court  because  of  the  better  opportunities  for 
securing  light  and  ventilation,  yet  in  this  law  all 
courts  have  been  treated  alike.  This  has  been  done 
deliberately  with  a  full  realization  that  it  is  not  "logi- 
cal." It  has  been  done  in  order  to  keep  the  law  as 
simple  as  possible.  It  is  especially  desirable  to  keep 
it  simple  in  this  section,  as  it  is  very  easy  to  have 
extremely  complicated  provisions  with  reference  to 
open  spaces,  especially  courts,  unless  one  is  on  one's 
guard.  The  difference  between  this  law  and  the 
New  York  City  law  in  this  respect  is  marked.  Here  it 
has  been  possible  to  embody  all  the  provisions  with 
reference  to  sizes  of  courts  in  140  words.  In  the  New 
York  law  it  takes  2,030  words  to  treat  the  same  topic, 
the  provisions  comprising  some  six  closely  printed 
pages  of  small  type.  The  result  is  a  complicated  pro- 
vision which  the  ordinary  layman  has  difficulty  in 
understanding. 


A    MODEL    HOUSING    LAW  §25 

NOTE  3:  The  plan  adopted  for  regulating  the  size 
of  courts  as  set  forth  in  this  section  marks  a  radical 
departure  from  the  methods  employed  in  earlier  hous- 
ing laws.  In  all  previous  enactments  a  fixed  minimum 
width  in  feet  has  been  established  with  a  similar  fixed 
'increase  for  increased  height  of  the  dwelling — generally 
of  one  foot  for  each  story  of  increased  height.  The 
objections  to  this  method  of  regulation  are  that  it  is 
more  or  less  arbitrary,  that  it  does  not  follow  any 
definite  principle — it  represents  at  best  only  the  re- 
sults of  observation  and  experience  as  to  what  sized 
court  will  produce  in  practice  a  sufficient  amount  of 
light  for  a  building  of  a  given  height.  It  also  has  the 
disadvantage  of  regulating  the  width  of  court  by  the 
height  of  the  building  in  stories  which  is  a  very  vari- 
able quantity.  A  three-story  dwelling  for  instance 
may  be  30  feet  high  or  may  be  40  feet  high.  It  is 
obvious  that  the  same  width  of  court  is  not  adequate 
under  such  different  conditions. 

Similarly,  most  earlier  laws  fail  to  make  allowance 
for  the  fact  that  in  hotels  and  apartment  houses,  the 
courts  very  often  do  not  extend  down  to  the  cellar  or 
even  to  the  ground  level  but  stop  sometimes  at  the 
second  or  third  tier  of  beams.  In  such  cases  it  is  a 
hardship  on  the  investor  to  require  a  court  which  is 
only  4  stories  in  height  to  be  of  a  width  that  is  neces- 
sary for  one  6  stories  in  height,  due  to  the  fact  that 
the  dwelling  is  6  stories  high  but  the  court  itself  only 
4  stories.  As  worded  here,  the  height  of  the  court  is 
measured  "from  the  bottom  of  such  court,  wherever 
it  starts,  to  the  top  of  the  highest  wall  abutting  it/' 
thus  also  providing  for  the  shutting  off  of  light  by 
parapet  walls. 

NOTE  4:  The  phrase  "less  in  any  part"  is  an  im- 
portant one.  The  irreducible  minimum  is  the  irre- 
ducible minimum.  If  a  court  10  feet  wide  is  the  least 
sized  court  which  will  give  adequate  light  and  ven- 
tilation it  is  obviously  unwise  to  permit  any  open 
space  which  is  left  for  the  purposes  of  light  and  ven- 
tilation to  be  of  a  less  size.  Architects,  because  of 
greater  convenience  in  planning,  will  want  to  use  all 
sorts  of  little  recesses  and  extensions  of  a  smaller 
size  and  different  dimensions  from  those  laid  down  in 
the  law.  This  should  not  be  permitted,  as  it  will 
result  in  dark,  damp,  unventilated  and  unsanitary 

114 


LIGHT   AND    VENTILATION 


shafts  such  as  have  prevailed  in  many  of  our  larger 
cities  to  the  great  detriment  of  the  occupants  of  the 
house.  The  following  diagram  shows  some  of  these 
types  of  extensions  and  offsets,  which  are  illegal  un- 
less they  are  made  of  adequate  width  when  they  may 
then  be  permitted. 


YARP 


FIGURE  15 

NOTE  5:  The  standard  established  here  that  the 
width  shall  be  not  less  than  ONE  THIRD  the  height 
of  the  court,  it  is  believed,  will  prove  to  be  a  very 
practical  standard.  Theoretically,  on  the  same  prin- 
ciple that  the  width  of  the  street  on  which  a  dwelling 
abuts  should  be  equal  to  the  height  of  the  dwelling  in 
order  to  admit  sufficient  light,  the  width  of  a  court 
should  similarly  be  equal  to  its  height — or  possibly 
even  greater.  To  advocate  such  a  scheme,  as  a  mat- 
ter of  compulsory  law,  would,  undoubtedly  in  the 
minds  of  many  people  justify  .the  epithet  of  "ideal- 
istic" or  "impractical."  It  is,  however,  what  the 
Federal  Government  has  declared  to  be  desirable  in 
its  "Standards  for  Permanent  Construction"  adopted 
March  7,  1918,  and  which  were  laid  down  and  fol- 
lowed in  the  industrial  housing  projects  carried  out 
by  the  U.  S.  Dept.  of  Labor  and  the  U.  S.  Shipping 
Board  and  for  which  200  million  dollars  was  appro- 
priated by  Congress. 

In  these  standards  will  be  found  the  following  re- 
quirements for  dwellings: 

"Open  Spaces.     Rear  yard  depth  not  to  be  less 


A    MODEL    HOUSING    LAW  §  25 

than  height  of  building,  nor  in  any  case  less  than  20 
feet.  Minimum  distance  between  backs  of  houses 
should  be  50  feet." 

The  requirements  of  the  Model  Law  for  "Courts" 
apply  almost  entirely  to  multiple  dwellings,  especially 
apartment  houses,  flats,  tenements  and  hotels.  The 
court  treatment  is  practically  unknown  with  the 
private  dwelling  and  two-family  dwelling — the  usual 
method  of  development  with  these  two  types  being 
the  side  yard. 

It  is  enlightening,  therefore,  to  contrast  the  stan- 
dards laid  down  in  the  Model  Law  with  the  Standards 
of  the  Federal  Government  just  referred  to.  In  dis- 
cussing this  type  of  multiple  dwelling  the  Federal 
Standards  have  this  to  say:  (Type  8) 

"  Buildings  are  not  to  be  more  than  2  rooms  deep. 
This  means  either  that  rooms  shall  open  on  a  street  or 
on  a  rear  yard,  or  on  an  interior  park  sufficiently  large 
for  grass  and  tree's  to  grow  in  it  and  of  a  sufficient  size 
to  admit  direct  sun  shine  into  all  rooms  opening  on  it, 
at  some  period  of  the  day,  except  rooms  with  north- 
erly exposure/' 

Compared  with  these,  the  Standards  of  the  Model 
Housing  Law  for  Courts  with  a  width  equal  to  only 
one-third  of  their  height  are  most  liberal — and  far  re- 
moved from  "idealistic."  Yet  even  these  low  stan- 
dards will  be  opposed  by  some  architects  and  builders 
and  representatives  of  other  special  interests  who  are 
opposed  to  housing  laws  that  in  any  way  restrict  them. 

How  liberal  these  standards  are  to  the  builder  of 
apartments  and  tenement  houses  is  shown  by  the  fol- 
lowing table: 

COURTS 

MINIMUM  MINIMUM  MAXIMUM 

HEIGHT  OF  Width  OF  LENGTH  OF  LENGTH  OF 

BUILDING  COURT  Inner  COURT         Outer  COURT 

i-story  (10  ft.)  3/4  ft.  6%  ft.  i3>sft. 

2-story  (20  ft.)  6^3  ft.  13^  ft.  26^  ft. 

3-story  (30  ft.)  10      ft.  20      ft.  40      ft. 

4-story  (40  ft.)  13^  ft.  26^  ft.  53^  ft. 

5-story  (50  ft.)  16^  ft.  33^  ft.  66%  ft. 

6-story  (60  ft.)  20      ft.  40      ft.  80      ft. 
and  so  on. 

It  is  seen  from  a  study  of  this  table  that  a  person 
building  a  3-story  apartment  house  or  flat,  and  utiliz- 
116 


§  25  LIGHT   AND    VENTILATION 

ing  courts  of  various  kinds  would  have  to  have  his 
courts  a  minimum  width  of  10  feet.  If  he  used  an 
inner  court  it  would  have  to  be  10  by  20  feet;  and 
if  he  used  an  outer  court  it  would  have  to  be  10  feet 
wide  and  could  be  any  length  he  desired  up  -to  40 
feet ;  beyond  that  point  it  would  have  to  increase  in 
width  proportionately. 

Applying  these  standards  to  the  extreme  case  of  a 
sky-scraper  hotel,  1 50  feet  in  height,  it  is  evident  that 
the  courts  would  have  to  be  50  feet  wide.  While  this 
may  seem  a  great  deal  of  open  space  to  leave,  it  is 
not  any  too  much  to  secure  adequate  light  and  venti- 
lation in  a  building  of  such  great  height.  It  is  sig- 
nificant that  this  is  the  amount  that  the  Federal 
Government  Standards  require  to  be  left  for  private 
dwellings  only  2%  stories  high. 

If  the  requirement  that  the  width  of  the  court  shall 
be  not  less  than  ONE  THIRD  of  its  height  seems  too 
high  a  standard  in  any  given  community,  and  ONE 
FOURTH  seems  too  little  and  not  adequate,  it  is 
suggested  that  the  ratio  be  expressed  by  decimals,  as 
for  example  three  tenths. 

It  should  be  noted  that  the  minimum  width  equal 
to  one  third  of  the  height  of  the  court  applies  through- 
out not  only  the  entire  width  of  the  court,  but  also 
throughout  its  entire  height.  So  that  it  will  not  be 
possible,  as  some  ingenious  architects  may  urge,  to 
so  construe  the  law  as  to  permit  the  erection  of  a 
three  story  apartment  house  with  an  inner  court  but 
3>£  feet  wide  for  the  top  10  feet  of  height  or  upper 
story;  6%  feet  wide  at  the  second  story,  and  10  feet 
wide  at  the  lowest  story.  The  court  must  be  10  feet 
wide  throughout. 

NOTE  6:  The  requirement  that  "the  length  of  an 
inner  court  shall  never  be  less  than  twice  the  mini- 
mum width  prescribed  by  this  section"  is  frequently 
not  understood  without  analysis,  especially  in  view 
of  the  requirement  which  immediately  follows  it  and 
which  seems  to  be  a  contradiction  of  it.  Both  require- 
ments are  accurately  expressed  and  mean  what  they 
say.  The  requirement  above  quoted  is  made  neces- 
sary to  insure  an  inner  court  of  adequate  size.  In- 
stead of  attempting  to  fix  arbitrarily  the  length  of  an 
inner  court  a  scientific  principle  has  been  evolved  by 
which  the  second  horizontal  dimension  of  an  inner 

117 


A    MODEL   HOUSING    LAW  §  25 

court  shall  always  be  equal  to  twice  the  minimum 
width  prescribed  in  the  law.  Thus  an  inner  court, 
which  the  law  requires  to  be  10  feet  wide,  may  not 
be  less  than  20  feet  in  length.  The  reason  for  this  is 
that  without  this  requirement  neither  sufficient  light 
nor  proper  ventilation  can  be  assured  in  this  type  of 
court  where  all  the  light  and  air  that  come  in  must 
come  in  over  the  top  of  the  court.  It  should  be  noted 
that  this  provision  does  not  require  the  length  of  the 
court  to  be  twice  the  width,  but  merely  twice  the 
minimum  prescribed  by  the  law.  They  are  very 
different  things.  To  illustrate:  In  the  case  of  a 
three-story  dwelling  the  law  requires  a  court  to  be  10 
feet  wide.  It  is  conceivable  that  an  owner  might 
prefer  to  have  his  court  12  feet  wide;  in  other  words, 
build  better  than  the  law  requires.  It  would  be  ob- 
viously unfair  in  such  case  to  penalize  him  and  require 
him  to  have  his  court  24  feet  long  (twice  its  width), 
whereas  his  neighbor  might  build  an  inner  court  10 
feet  wide  and  20  feet  long  and  have  it  entirely  legal. 

NOTE  7:  A  similar  misunderstanding  exists  with 
regard  to  the  provision  "The  length  of  a  court,  except 
in  the  case  of  a  side  yard,  shall  never  be  greater  than 
four  times  its  width."  This  seems  to  be  a  direct  con- 
tradiction of  the  previous  provision  and  to  a  per- 
son not  familiar  with  the  conditions,  unreasonable. 
Courts  become  objectionable  when  they  are  long  and 
narrow.  The  sunlight  which  streams  in  at  the  end 
or  over  the  roof  will  not  under  such  circumstances 
reach  all  portions  of  the  court.  The  further  away  a 
room  is  from  the  outer  end  of  a  court  the  less  desir- 
able it  becomes.  It  is  for  the  purpose  of  preventing 
the  use  of  narrow  courts  of  undue  length  that  this 
provision  has  been  formulated.  It  furnishes  an  auto- 
matic means  of  regulating  this  evil. 

NOTE  8:  The  requirement  that  the  width  of  the 
court  shall  be  measured  to  the  lot  line  and  not  to  an 
opposite  building,  while  not  legally  necessary  in  view 
of  the  definition  of  a  court  as  contained  in  Sub-division 
7  of  Section  2,  is  here  stated  in  the  way  that  it  is  stated 
in  order  to  make  this  subject  so  plain  that  no  one  can 
either  misunderstand  it  or  present  arguments  to  the 
enforcing  officials  to  be  permitted  to  light  or  ventilate 
any  portion  of  their  dwelling  from  the  adjoining 
premises.  This  puts  an  end  to  the  evils  of  "  borrowed 

118 


§26  LIGHT   AND    VENTILATION 

light/'     In  this  connection  see  the  discussion  under 
Section  2,  Sub-division  6,  Note  i. 

NOTE  9:  Sometimes  permission  is  desired  to  leave 
on  the  premises  on  which  the  dwelling  is  to  be  erected 
passageways  of  a  smaller  width  than  the  minimum 
dimensions  laid  down  in  the  law  for  yards  or  courts; 
claim  being  made  that  such  spaces  are  additional  to 
those  required  by  law  and  that  therefore  it  ought  not 
to  be  necessary  to  make  them  so  large,  inasmuch  as 
the  rooms  and  other  parts  of  the  building  all  open 
directly  upon  courts  of  legal  size  and  that  if  any  win- 
dows open  on  these  narrower  spaces  they  will  be  sup- 
plementary to  the  windows  required  by  law.  This  is 
plausible  but  it  is  dangerous  to  permit  it.  Such  spaces 
create  unsanitary  conditions.  They  are  bound  to 
result  in  dampness  and  invariably  become  gathering 
places  for  waste  material;  if  supplementary  windows 
open  upon  them  it  is  likely  that  ultimately  when  it 
is  proposed  to  alter  the  dwelling  additional  rooms  will 
be  created  which  will  get  their  sole  light  and  ventila- 
tion from  these  spaces.  The'  only  safe  course  of 
procedure  is  to  require  all  open  spaces  to  be  of  an 
adequate  size. 

§  26.  COURTS  OPEN  AT  TOP.  No  court  of  a  dwelling 
hereafter  erected  shall  be  covered1  by  a  roof  or  skylight. 
Every  such  court  shall  be  at  every  point  open  from  the 
ground  to  the  sky  unobstructed.2  Except  that  in  the  case 
of  hotels  hereafter  erected,  as  defined  in  paragraph  four  of 
section  two,  courts  may  start  at  the  floor  level  of  the  low- 
est bed-room  story.  No  court  under  any  circumstances 
shall  extend  down  so  as  to  be  less  in  size  in  any  part  than 
the  minimum  sizes  prescribed  in  section  twenty-five.3 

NOTE  i :  It  is  obvious  that  a  court  which  is  relied  Explana- 
upon  to  furnish  ventilation  will  be  worthless  if  cov-  tion 
ered  over  at  the  top  with  a  skylight  or  glass  awning, 
and  yet  this  kind  of  court  was  in  use  considerably 
some  years  ago  and  is  still  used  in  some  European 
cities.  It  is,  however,  antiquated  and  should  not 
be  permitted.  A  court  should  be  open  to  the  sky. 
Little  enough  air  will  be  provided  at  the  best.  Noth- 
ing that  obstructs  it  should  be  tolerated.  The  re- 
quirement that  the  court  shall  not  be  obstructed  pro- 
119 


A    MODEL    HOUSING    LAW  §  26 

hibits  the  placing  of  fire-escape  or  other  balconies  in 
courts,  thus  encroaching  upon  the  minimum  space 
permitted. 

NOTE  2 :  In  connection  with  the  discussion  of  Yards 
(Note  4,  Section  22),  the  desire  of  certain  interests  to 
build  over  portions  of  the  yard  and  courts  on  the 
ground  floor  and  the  propriety  of  this  under  certain 
limitations  have  been  fully  discussed.  If  it  is  de- 
termined to  be  wise  to  permit  this  and  to  adopt 
Concession  i  suggested  in  connection  with  Section 
22,  then  the  following  similar  concession  should  be 
adopted  for  Section  26.  After  the  words  "  lowest  bed- 
room story,"  end  of  the  section,  add  the  following: 


Concession  CONCESSION:  "and  in  the  case  of  other  multiple- 
dwellings  where  there  are  stores  or  shops  on  the  entrance 
story,  courts  may  start  at  the  top  of  such  entrance  story/' 

Explana-  NOTE  3:   It  should  be  observed  that  this  permits  in 

tion  the  case  of  hotels  the  building  over  of  the  courts  on  all 

the  stories  below  the  first  bedroom  story;  that  is, 
stories  in  which  the  public  rooms  of  the  hotel  are 
located,  but  this  permission  does  not  in  any  way  in- 
clude the  right  to  have  rooms  on  such  stories  which 
do  not  have  windows  opening  directly  to  the  outer 
air;  here  the  provisions  of  Section  31  will  govern. 

Similarly  in  the  case  of  apartment  houses  and  other 
multiple  dwellings  where  there  are  stores  or  shops  on 
the  entrance  story,  the  courts  may  start  at  the  top  of 
such  entrance  story.  It  should  be  carefully  noted 
that  in  both  of  these  cases  the  entire  court  must  go 
down  to  the  bottom,  wherever  that  bottom  is  located. 
It  will  not  be  possible,  for  instance,  to  stop  a  portion 
of  the  court  in  the  case  of  a  hotel  at  the  third  story  and 
then  extend  down  the  rest  of  the  court  to  the  first 
story,  unless  the  court  is  at  such  point  the  minimum 
dimensions  prescribed  in  Section  25.  In  other  words, 
there  is  no  prohibition  against  stopping  a  portion  of 
the  court  at  the  third  story  and  extending  the  rest 
down  for  two  more  stories  to  the  ground  floor,  pro- 
vided the  court  for  those  two  lower  stories  is  the  full 
size  that  is  required  as  a  minimum  in  Section  25.  To 
do  this,  however,  would  mean  that  the  court  above 
the  third  story  would  have  to  be  of  a  larger  size  than 
1 20 


§27 


LIGHT   AND    VENTILATION 


the  minimum  required  by  the  law.  Figures  16  and 
17  illustrate  this.  Figure  16  shows  what  is  not  per- 
mitted with  the  court  extended  down  less  than  the 


6  STORY 

COURT 

^-l3PT-» 

»5-5TORY 

A  STORY 

3§>TORY 

£  STORY           -> 

3 

•*- 

1  STORY 

UNLAWFUL 

FIGURE  16 
A  COURT  CARRIED  DOWN  UNLAWFULLY 

minimum  size.  Figure  17  shows  what  is  permitted 
with  the  court  extended  down  the  legal  size.  Both 
diagrams  are  "sections  through." 

~TRANSYI 


<0?>TOKY 

COORT 
«-i3n^ 

5  -STORY 

A-  STORY 

SSiDtrr 

Z  STORTT 

1  STORY 

LAWFUL 

FIGURE  17 
A  LAWFUL  COURT 

§27.  AIR-INTAKES. l  In  all  dwellings  hereafter  erected 
every  inner  court  shall  be  provided  with  two2  or  more  hori- 
zontal air-intakes  at  the  bottom.3  One  such  intake  shall 
always  communicate  directly  with  the  street  or  front  yard 
and  one  with  the  rear  yard,  and  each  shall  consist  of  a  pas- 
sageway4 not  less  than  three  feet  wide  and  seven  feet  high 
which  shall  be  left  open,  or  be  provided  with  an  open  gate 
at  each  end. 

121 


A    MODEL    HOUSING    LAW  §  2J 

Explana-  NOTE  i :  The  purpose  of  this  requirement  is  to  pro- 

tion  vide  a  means  of  renewing  the  air  in  inner  courts.     Air 

currents  are  generally  horizontal;  without  these  in- 
takes or  tunnels  the  air  in  an  inner  court  is  pretty  sure 
to  be  stagnant  most  of  the  time  except  at  the  top  story. 
With  this  provision,  however,  excellent  ventilation 
is  furnished;  that  is,  as  good  ventilation  as  can  be 
obtained  through  the  use  of  courts.  This  system  has 
been  in  vogue  for  some  years  in  several  cities  and  has 
given  great  satisfaction.  A  strong  current  of  air  is  gen- 
erally to  be  found  circulating  through  the  court.  It  is, 
of  course,  essential  that  the  tunnel  should  always  be 
kept  open  and  that  the  occupants  of  the  house  should 


FIGURE  18 
INTAKES 

not  be  allowed  to  obstruct  the  free  passage  of  air  by  using 
the  tunnels  as  storage  places  or  by  closing  them  up 
at  the  ends  with  solid  doors,  both  of  which  experiences 
have  been  had  in  cities  where  the  intake  is  used.  The 
tunnels  are  not  expensive;  generally  one  of  the  side 
walls  of  the  building  acts  as  one  of  the  walls  of  the  tun- 
nel, and  all  that  it  is  necessary  to  build  is  the  opposite 
wall,  which  can  be  a  partition.  It  is  better  to  build 
it  substantially  in  order  to  minimize  the  fire  danger. 
The  tunnels  are  also  an  excellent  means  of  exit  from 
the  yard  to  the  street  in  case  of  fire  and  in  the  case  of 
apartment  houses  afford  a  convenient  delivery  en- 
trance for  tradesmen.  The  above  diagram  illus- 
trates the  arrangement  of  the  intake. 
122 


§  27  LIGHT   AND    VENTILATION 

NOTE  2:  Certain  interests  will  seek  to  omit  the 
intake  entirely  or  to  limit  the  requirement  for  an  in- 
take to  inner  courts  "which  extend  through  more 
than  one  story"  or  even  "through  more  than  two 
stories/'  To  permit  such  methods  of  construction  is 
a  serious  mistake.  No  inner  court  should  be  permitted 
without  an  intake.  If,  unwisely  it  is  permitted,  then 
the  whole  scheme  for  treating  inner  and  outer  courts 
on  the  same  basis  will  have  to  be  revised,  and  inner 
courts  will  have  to  be  twice  the  minimum  width  laid 
down  in  Section  25. 

In  some  cities  there  will  be  a  good  deal  of  opposi- 
tion to  this  requirement  with  reference  to  •  the  in- 
take leading  to  the  street,  especially  where  it  is  de- 
sired to  use  the  ground  floor  of  the  building  for  stores 
or  shops.  In  such  cases  objection  will  be  made  to 
giving  up  the  space  necessary  for  the  intake,  on  the 
ground  that  it  will  interfere  with  the  proper  size  and 
shape  of  store  desired.  This  is  true.  Objection  will 
also  be  made  to  taking  the  intake  through  the  cellar 
in  such  cases,  because  of  the  extra  expense  involved 
in  carrying  the  court  down  to  the  cellar  level  and  the 
necessity  of  providing  an  areaway  and  grating  at  the 
front  of  the  building.  If  it  is  desired  to  meet  these 
objections,  the  best  way  is  to  require  but  one  intake. 
In  such  case  the  following  concession  is  suggested. 
Substitute  the  following: 

CONCESSION:  "§  27.  AIR-!NTAKES.  In  all  dwellings  Concession 
hereafter  erected  every  inner  court  shall  be  provided  with 
one  or  more  horizontal  air-intakes  at  the  bottom.  One  such 
intake  shall  always  communicate  directly  with  the  street 
or  front  yard  or  rear  yard  and  shall  consist  of  a  passageway 
not  less  than  three  feet  wide  and  seven  feet  high  which 
shall  be  left  open,  or  be  provided  with  an  open  gate  at 
each  end/' 

NOTE  3 :  It  should  be  noted  that  the  law  is  silent  as 
to  whether  the  intake  or  tunnel  should  be  begun  at  the 
level  of  the  entrance  story  or  at  the  cellar  or  even  at 
the  second  story.  This  is  deliberate  and  great  lati- 
tude in  this  regard  is  given  to  the  owner.  The  re- 
quirements of  the  law  are  satisfied  and  the  purposes 
of  the  section  are  secured  if  the  tunnel  is  left  at  the 
123 


A    MODEL   HOUSING    LAW 


28 


bottom  of  the  court,  wherever  that  bottom  may  hap- 
pen to  be.  If  the  court  extends  down  to  the  ground, 
as  is  contemplated  by  this  law,  then  the  tunnel  would 
start  either  at  the  ground  level  or  in  the  cellar. 

NOTE  4:  Permission  may  be  asked  to  use  a  metal 
duct  instead  of  the  open  passageway.  This  should 
not  be  granted  as  experience  shows  such  ducts  to  be 
unsatisfactory.  They  do  not  allow  sufficient  move- 
ment of  the  air,  as  they  often  run  with  turns  and  angles 
in  them.  Cats  crawl  into  them  and  commit  nuisances, 
and  they  become  generally  objectionable.  The  tunnel 
is  the  only  thing  that  is  adequate. 

§  28.  ANGLES  IN  COURTS.  Nothing  contained  in  the 
foregoing  sections  concerning  courts  shall  be  construed  as 
preventing  the  cutting  off  of  the  corners1  of  said  courts, 
provided  that  the  running  length  of  the  wall  across  the 
angle  of  such  corner  does  not  exceed  seven  feet.2 


REAR  YARD 


REAR  YARP 


STREET 
LAWFUL 

FIGURE  19 


3TREET 

UNLAWFUL 
FIGURE  20 


Explana- 
tion 


NOTE  i :  The  purpose  of  this  section  is  to  permit 
the  cutting  off  of  the  corner  of  a  court  so  as  to  secure 
a  window  at  an  angle,  thus  obtaining  better  light,  as 
illustrated  in  Figure  19. 

NOTE  2:  The  limitation  of  7  feet  in  length  of  the 
portion  of  the  wall  thus  set  at  an  angle  is  necessary  as 
otherwise  evasion  of  the  requirement  establishing  the 
minimum  width  of  the  court  will  be  possible;  in- 
genious architects  will  be  quick  to  seize  this  loophole 
124 


§  29  LIGHT   AND    VENTILATION 

and  plan  a  court  as  shown  in  Figure  20,  so  as  to  make 
the  wall  running  at  an  angle  practically  coincide  with 
the  entire  length  of  the  court,  thus  materially  reducing 
the  width  desired. 

§29.  BUILDINGS  ON  SAME  LOT  WITH  A  DWELLING.*  If 
any  building  is  hereafter  placed  on  the  same  lot  with  a 
dwelling  there  shall  always  be  maintained  between  the  said 
buildings  an  open  unoccupied  space  extending  upwards 
from  the  ground  and  extending  across  the  entire  width  of 
the  lot.  If  such  buildings  are  placed  at  the  side  of  each 
other  the  space  between  them2  shall  conform  to  the  pro- 
visions of  section  twenty-four  relating  to  side  yards.  If 
such  buildings  are  placed  one  at  the  rear  of  the  other,  the 
space  between  them  shall  be  the  same  as  that  prescribed 
in  sections  twenty-two  and  twenty-three  for  rear  yards- 
In  all  cases  the  height  of  the  highest  building  on  the  lot 
shall  regulate  the  dimensions.  No  building3-4  of  any  kind 
shall  be  hereafter  placed  upon  the  same  lot  with  a  dwelling 
so  as  to  decrease  the  minimum  size  of  courts  or  yards  as 
hereinbefore  prescribed,  except  one-story  private  garages 
or  stables  as  provided  in  the  next  section.  If  any  dwelling 
is  hereafter  erected  upon  any  lot  upon  which  there  is  already 
another  building,  it  shall  comply  with  the  provisions  of 
this  act,  and  in  addition  the  space  between  the  said  build- 
ing and  the  said  dwelling  shall  be  of  such  size  and  arranged 
in  such  manner  as  is  prescribed  in  this  section,  the  height  of 
the  highest  building  on  the  lot  to  regulate  the  dimensions. 

NOTE  i :  This  section  deals  with  the  eyils  of  lot  Explana- 
overcrowding,  caused  by  the  erection  of  many  build- 
ings  upon  the  same  lot.  In  some  cities  where  deep 
lots  prevail  as  many  as  three  or  four  separate  build- 
ings are  sometimes  found  upon  the  same  lot.  In 
some  cases  all  these  separate  buildings  are  used  for 
dwelling  purposes,  often  as  tenements.  The  evils  of 
the  rear  tenement  have  been  so  often  rehearsed  that 
they  need  not  be  repeated  here.  It  is  obvious  that  if 
several  buildings  are  to  be  placed  on  the  same  lot  the 
relation  of  each  building  to  the  other  must  be  carefully 
considered  and  nothing  must  be  permitted  that  would 
125 


A    MODEL    HOUSING    LAW  §  29 

jeopardize  the  maintenance  of  proper  open  spaces  for 
all  of  the  buildings.  From  an  ideal  point  of  view  many 
people  would  wish  to  prohibit  by  law  the  erection  of  a 
building  upon  the  rear  of  a  lot  upon  which  there  is  a 
dwelling  in  front,  but  reflection  shows  that  this  is  not 
feasible.  Where  lots  are  deep  and  a  system  of  alleys 
prevails  the  owner  must  necessarily  have  more  than 
one  building  on  his  lot  if  he  is  to  utilize  his  land  to 
its  full  commercial  development.  Moreover,  any  ap- 
propriate scheme  for  the  treatment  of  alleys  and  their 
elimination  as  sources  of  evil  must  contemplate  the 
erection  of  dwellings  fronting  upon  the  alley.  When 
we  come  to  the  consideration  of  private  dwellings  it  is 
at  once  apparent  that  the  owners  of  high-class  pri- 
vate dwellings  must  be  permitted  to  have  garages, 
private  stables,  and  similar  buildings  at  the  rear  of 
their  lot.  This  is  the  best  place  for  them. 

NOTE  2:  It  appears,  therefore,  that  several  build- 
ings on  the  same  lot  are  an  inherent  necessity  in  many 
cases.  The  important  thing  is  to  see  that  they  are 
not  constructed  so  as  to  become  an  evil.  This  sec- 
tion automatically  prevents  this  by  requiring  in  all 
such  cases  that  the  open  space  between  buildings 
shall  be  of  sufficient  size.  This  is  accomplished  by 
applying  to  such  open  spaces  the  same  requirements 
as  are  imposed  for  rear  yards  when  one  building  is  at 
the  rear  of  the  other;  and  for  side  yards  when  the 
buildings  are  at  the  side  of  each  other.  This  is  ob- 
viously the  only  way  to  treat  the  subject;  the  pres- 
ence or  absence  of  a  real  or  imaginary  lot  line  should 
make  no  difference  in  the  space  required  to  furnish 
adequate  light  and  ventilation. 

NOTE  3:  In  the  earlier  laws  an  attempt  was  made 
under  this  section  to  prohibit  on  the  same  lot  with  a 
dwelling  "any  building  other  than  a  dwelling."  This 
was  intended  to  stop  the  building  of  a  factory  on  the 
rear  of  the  lot  where  there  was  a  dwelling  on  the  front. 

A  number  of  difficulties  at.  once  presented  them- 
selves. It  was  found  in  practice  that  such  a  provision 
did  a  great  deal  more  than  was  contemplated  or  de- 
sired. The  first  great  difficulty  encountered  was  the 
garage.  Such  a  provision  prevented  either  a  private 
garage  or  private  stable  at  the  rear  of  a  private  dwell- 
ing. This  was  obviously  an  impossible  situation.  It 
also  prevented  the  building  of  a  little  workshop  at  the 

126 


§29  LIGHT   AND    VENTILATION 

rear  of  the  lot  where  a  man  interested  in  carpentry 
might  employ  himself  as  a  means  of  recreation;  it  also 
prevented  children's  playhouses,  some  types  of  sum- 
mer houses  or  outdoor  studios  and  so  on. 

It  would  also  have  prevented  a  very  common  change 
in  occupancy  which  takes  place  in  many  neighbor- 
hoods, viz.,  the  alteration  of  a  dwelling  on  the  front 
of  the  lot  for  store  purposes,  and  the  use  of  a  dwelling 
on  the  rear  for  residence  purposes. 

For  all  of  these  reasons,  it  seems  best  not  to  attempt 
to  regulate  these  conditions  through  a  Housing  Law, 
but  to  leave  their  control  to  Zoning  Regulations 
which  will  necessarily  go  into  questions  of  Use  of 
property  in  great  detail  and  with  reference  to  the 
peculiar  conditions  which  exist  in  different  parts  of 
a  city. 

NOTE  4:  Some  cities  and  states  have  thought  it 
wise  to  legislate  against  rear  dwellings  so  as  to  pre- 
vent the  chief  evil  of  such  structures,  viz.,  their  being 
shut  away  from  public  observation  without  outlook 
on  the  street  and  often  without  access  except  through 
a  front  building.  If  this  evil  seems  likely  to  develop 
in  any  community,  the  following  Variation  is  sug- 
gested. Add  at  the  end  of  this  section  the  following: 

VARIATION  i:  "  No  dwelling  shall  hereafter  be  so  erected  v   .  .. 

Variation 
or  placed  on  a  lot  that  it  shall  be  left  without  at  least  one 

side  thereof  having  a  proper  and  adequate  frontage  upon 
the  street  on  which  the  lot  fronts.  Nor  shall  any  building 
other  than  a  dwelling  be  placed  upon  the  same  lot  with  a 
dwelling  so  as  to  interfere  with  such  adequate  and  proper 
street  frontage  of  said  dwelling." 

NOTE  5 :  There  are  a  number  of  considerations  to  be 
observed  in  connection  with  this  subject.  In  the  first 
place,  it  will  not  do  to  prohibit  outright  the  erection  of 
dwellings  at  the  rear  of  the  lot.  If  a  man  wants  to 
set  back  his  dwelling  and  leave  a  very  large  front  yard, 
he  certainly  has  a  right  to  do  so  and  ought  to  be  free 
to  do  so. 

It  will  not  do  either  to  require,  as  some  cities  have, 
that  a  dwelling  so  placed  "shall  have  at  least  one  side 
thereof  with  an  unobstructed  frontage  upon  the  street/' 

Such  a  provision  would  prevent  buildings  located  as 
shown  in  the  diagram  on  the  next  page. 
127 


A    MODEL    HOUSING    LAW 


§29 


That  is,  one  building  at  the  rear  of  the  other  with 
50  feet  between  the  two  (a  more  than  adequate  space) 
but  the  rear  dwelling  for  5  feet  of  its  length  behind  the 
front  building.  In  such  a  case  the  rear  dwelling  would 
not  have  an  "unobstructed  frontage  upon  the  street." 


I  00  FT. 


Variation 


FIGURE  21 

Another  point  to  bear  in  mind  is  in  relation  to  alley 
dwellings.  In  some  cities  it  may  be  necessary  to  per- 
mit dwellings  fronting  on  alleys  and  without  any  other 
street  frontage.  In  such  case  the  provisions  of  Varia- 
tion i  would  prove  embarrassing.  The  situation  could 
be  met,  however,  by  adding  at  the  end  of  the  Varia- 
tion the  following: 

VARIATION  2:  "The  provisions  of  this  requirement  for 
street  frontage  shall  not  apply  to  dwellings  having  an 
entrance  and  frontage  upon  a  public  alley." 

128 


§29 


LIGHT   AND   VENTILATION 


NOTE  6:  It  should  be  noted  that  Variation  i  de- 
liberately refers  to  "adequate  frontage  upon  the  street 
on  which  the  lot  fronts."  As  under  the  provisions  of 
Paragraph  2 1  of  Section  2  (definitions)  a  public  alley  16- 
feet  wide  is  a  "  street ",  it  becomes  necessary  in  this  case 
to  refer  to  "the  street  on  which  the  lot  fronts." 

It  should  also  be  noted  that  this  Variation  provides 
not  only  for  the  case  of  new  dwellings  erected  at  the 
rear  of  the  lot,  but  also  for  cases  "where  some  building 
other  than  a  dwelling  is  placed  on  the  same  lot  with  a 
dwelling/'  An  important  consideration  that  must  not 
be  lost  sight  of  is  that  this  requirement  (Variation  i) 
would  prohibit  a  dwelling  for  the  chauffeur  over  the 
private  garage  at  the  rear,  unless  the  garage  were  so 
located  as  to  "  have  one  side  with  a  proper  and  ade- 
quate frontage  upon  the  street/' 

A  garage. with  chauffeur's  quarters  in  it  located  as 
in  the  following  diagram  would  not  be  possible. 

i  j 


<S*r  R  E.E-T 


IOO  FT 


-40FT. 


ALLEY 


FIGURE  22 
129 


A    MODEL    HOUSING    LAW  §  30 

NOTE  7:  Difficulties  sometimes  arise  with  regard 
to  the  treatment  of  corner  lots  where  it  is  desired  to 
place  one  building  fronting  on  one  street,  which  of 
course  will  be  directly  behind  the  building  fronting  on 
the  other  street.  This  is  inherently  the  same  situation 
as  two  adjoining  buildings  on  different  lots  with  side 
yards  between  them,  and  the  open  space  between  the 
buildings  should  be  treated  as  side  yards  and  regulated 
in  that  way.  This  is  done  at  once,  automatically,  if 
the  owner,  for  purposes  of  the  law  and  the  record,  di- 
vides his  lot  and  treats  it  as  two  lots.  Then  each  build- 
ing has  relation  to  its  own  particular  lot.  This  is  an 
option  which  most  owners  will  gladly  seize,  as  it  will 
impose  upon  them  less  onerous  requirements  than 
would  be  imposed  if  the  open  spaces  required  by  Sec- 
tion 29  were  made  to  apply  to  this  class  of  cases. 

§  30.  PRIVATE  GARAGES  AND  PRIVATE  STABLES. l  A 
private  garage  or  private  stable  may  be  built  at  the  rear 
of  a  lot  on  which  there  is  a  dwelling  at  the  front.  In  the 
case  of  private  garages  which  do  not  exceed  one  story  in 
height,  the  depth  of  the  rear  yard  shall  be  measured  to 
the  middle  line  of  the  alley  or  to  the  rear  lot  line,  as  the 
case  may  be,  as  provided  in  section  twenty-two,  and  such 
garage  or  stable  if  not  over  one  story  high  may  approach 
within  ten  feet  of  the  rear  wall  of  the  dwelling  or  may  be 
attached  as  an  extension  to  the  dwelling  provided  it  does 
not  obstruct  light  or  ventilation  in  any  way.  In  the  case 
of  garages  over  one2  story  high  and  in  all  other  cases  the 
rear  yard  shall  be  measured  from  the  rear  wall  of  the 
dwelling  to  the  nearest  wall  of  the  building  at  the  rear  of 
the  lot. 

No  public  garage  or  public  stable  may  be  erected  on  the 
same  lot  with  a  dwelling.  No  private  garage  or  private 
stable  on  the  same  lot  with  a  dwelling  shall  exceed  two2 
stories  in  height.  It  may  have  living  rooms  therein  for 
the  use  solely  of  the  chauffeur  or  coachman  or  member  of 
his  family.  If  so  occupied,  the  garage  or  stable  in  addi- 
tion to  complying  with  the  provisions  of  this  act  shall 
have  an  entrance  from  outside  of  the  building  without 
passing  through  the  garage  or  stable. 

130 


§  3O  LIGHT   AND    VENTILATION 

NOTE  i :  The  almost  universal  use  of  the  automo- 
bile— among  workingmen  as  well  as  among  other 
classes — brings  important  changes  in  property  sub- 
division and  in  the  use  of  property.  It  is  no  longer 
safe  to  plan  an  Industrial  Housing  Development  that 
does  not  provide  a  garage,  or  a  place  for  one,  with 
each  workingman's  dwelling.  Up-to-date  housing 
laws  consequently,  must  give  this  matter  careful 
consideration. 

For  these  reasons,  the  above  provisions  have  been 
formulated.  They  have  been  framed,  as  will  be  noted, 
with  great  liberality.  They  allow  one  story  private 
garages  to  approach  within  10  feet  of  the  rear  wall  of 
the  dwelling  and  allow  such  garages  to  occupy  the 
space  required  to  be  left  open  as  rear  yard  space  in 
Section  23.  To  illustrate:  Let  us  take  the  case  of  a 
3-story  dwelling  on  a  lot  100  feet  deep.  Let  us  assume 
the  owner  desires  to  set  back  his  house  25  feet  from 
the  front  line;  under  the  provisions  of  Section  23  he 
would  have  to  leave  a  rear  yard  of  20%  of  75  feet 
(the  depth  of  lot  less  the  set-back)  or  15  feet.  This, 
however,  can  be  measured  to  the  middle  line  of  his 
1 6-foot  alley.  He  would  have  to  leave  therefore  a  rear 
yard  of  only  7  feet  on  his  lot.  He  could  accordingly 
have  a  garage  20  feet  deep  at  the  rear  of  the  lot — 
leave  a  lo-foot  rear  yard  between  it  and  the  house, 
and  have  a  dwelling  45  feet  deep.  While  this  seems 
at  first  to  be  an  inadequate  back  yard,  it  is  not  so  in 
reality.  For,  the  rear  rooms  of  the  dwelling  will  open 
upon  an  open  space  of  46  feet  (lo-foot  back  yard, 
plus  over  the  top  of  the  2O-foot  one-story  garage, 
plus  1 6-foot  alley)  and  in  all  probability  of  76  feet 
if  his  neighbor  at  the  rear  develops  his  property  in  a 
similar  way. 

NOTE  2:  Obviously,  these  privileges  should  not  be 
granted  to  garages  over  one  story  high;  for,  buildings 
higher  than  that  at  the  rear  of  the  lot  would  unduly 
interfere  with  adequate  light  and  ventilation  of  the 
dwelling  on  the  front. 

There  are  a  few  cases,  however,  where  a  person  of 
means  will  want  to  have  living  accommodations  over 
the  garage  for  his  chauffeur  and  for  the  chauffeur's 
family.  This  ought  to  be  possible.  It  is  accordingly 
provided  for.  In  such  a  case,  however,  the  required 
back  yard  cannot  be  measured  to  the  middle  line  of 


A    MODEL    HOUSING    LAW  §3! 

the  alley  but  must  be  left  between  the  two  buildings. 
In  the  case  cited  under  Note  i,  the  only  difference 
that  there  would  be  if  the  garage  were  a  2-story  one, 
would  be  that  the  space  between  the  rear  of  the  dwell- 
ing and  the  garage  would  have  to  be  15  feet  instead 
of  10  feet.  It  is  apparent  that  this  also  is  most  liberal 
treatment. 

§31.  ROOMS,  LIGHTING  AND  VENTILATION  OF.1  In  every 
dwelling  hereafter  erected  every2  room3  shall  have  at  least 
one  window,  and  preferably  two  windows,4  opening  directly 
upon  the  street,  or  upon  a  yard  or  court  of  the  dimensions 
specified  in  this  article  and  located  on  the  same  lot,  and 
such  window  shall  be  so  located6  as  to  properly  light  all 
portions  of  such  rooms.  Ample  provision  for  through  or 
cross-ventilation6  so  as  to  insure  free  movement  of  the  air 
shall  be  provided  in  each  room  by  means  of  transoms,  doors, 
or  windows.  The  provisions  of  this  section  shall  not,  how- 
ever, apply  to  rooms  used  as  art  galleries,2  swimming  pools, 
gymnasiums,  squash  courts  or  for  similar  purposes,  pro- 
vided such  rooms  are  adequately  lighted  and  ventilated  by 
ventilating  skylights  in  the  roof  thereof. 

p     ,  NOTE  i :  This  section  taken  with  the  sections  regu- 

lating the  size  of  open  spaces  is  the  keystone  of  the 
arch  of  the  law.  It  is  obvious  that  we  should  permit 
no  dark  rooms  to  be  built  in  future  dwellings.  Es- 
pecial note  should  be  taken  of  the  phrase  that  the 
open  space  is  to  be  of  the  dimensions  specified  in  this 
article  and  also  that  it  is  to  be  located  on  the  same  lot. 
NOTE  2:  No  room  in  which  people  live,  not  merely 
one  in  which  they  sleep,  should  be  dependent  for  its 
sole  light  and  ventilation  upon  a  ventilating  skylight. 
Human  beings  need  more  than  light  and  air.  They 
must  have  outlook.  Rooms  of  the  type  described 
are  little  better  than  prison  cells,  and  yet  notwith- 
standing these  considerations  architects  will  be  found 
who  wish  to  construct  rooms  of  this  type  for  servants. 
It  should  not  be  permitted.  In  the  case  of  private 
dwellings  there  are  types  of  rooms  such  as  have  been 
enumerated  in  the  last  sentence  of  this  section; 
namely,  art  galleries,  swimming  pools,  squash  courts, 
etc.,  where  the  requirement  for  a  window  might  in- 
132 


§31  LIGHT   AND    VENTILATION 

terfere  with  the  primary  purpose  of  the  room.  This 
would  certainly  be  the  case  with  art  galleries.  It  will 
do  no  harm,  therefore,  to  permit  roof  lighting  and  ven- 
tilation in  lieu  of  windows  in  such  cases. 

NOTE  3 :  The  question  will  be  raised  as  to  whether 
this  provision  applies  to  pantries  and  clothes  closets. 
Neither  of  these  is  a  room,  and  the  law  is  not  intended 
to  require  windows  in  clothes  closets.  They  would 
be  objectionable  there.  A  window  in  a  butler's  pan- 
try is  very  desirable  but  it  is  not  always  practicable 
to  provide  it  and  such  a  provision  in  the  law  would 
materially  complicate  the  planning  in  many  cases. 
It  is  not  advisable,  however,  to  put  into  this  section 
a  specific  exception  stating  that  windows  are  not  re- 
quired in  butler's  pantries  and  clothes  closets,  as  it 
might  have  the  effect  of  suggesting  to  some  of  the  un- 
scrupulous architects  who  plan  multiple  dwellings  a 
method  of  evading  the  requirements  with  regard  to 
lighting  of  rooms  by  marking  the  rooms  "closets"  and 
"pantries"  for  purposes  of  getting  the  plans  passed 
and  then  after  the  dwelling  is  erected,  building  dark 
bedrooms.  It  can  safely  be  left  to  the  enforcing  offi- 
cials to  distinguish  between  the  bdna  fide  pantry  or 
clothes  closet  and  the  "fake"  one. 

NOTE  4:  This  is  a  new  advance.  No  housing  laws 
heretofore  enacted  have  required  more  than  one  win- 
dow in  a  room.  In  most  cases  it  is  just  as  easy  to 
provide  two  windows  as  one.  They  are  very  much 
needed  for  both  light  and  ventilation.  While  the  law 
as  worded  does  not  outlaw  a  plan  with  only  one  win- 
dow in  a  room,  it  "suggests"  two.  This  will  enable 
the  enforcing  officials  to  require  two  windows  in  cases 
where  it  is  feasible. 

NOTE  5:  The  requirement  that  the  windows  "shall 
be  so  located  as  to  properly  light  all  portions  of  such 
rooms"  has  been  found  necessary  in  some  cities, 
especially  in  the  case  of  multiple  dwellings  where  a 
room  is  located  with  a  window  at  the  extreme  corner 
of  it  opening  on  some  court  with  the  result  that  there 
are  portions  of  the  room  which  are  too  far  removed 
from  the  light  and  are  dim  and  shadowy.  This  re- 
quirement enables  the  enforcing  officials  to  refuse  to 
approve  the  plans  where  such  conditions  exist.  (See 
Figure  23,  next  page.) 

NOTE  6:   This  also  is  a  new  advance.     In  recent 

133 


A    MODEL    HOUSING    LAW 


§3i 


years  the  science  of  ventilation  has  undergone  radical 
and  revolutionary  changes.  As  a  result  of  careful 
scientific  study  and  experimentation  we  have  come  to 
learn  that  "cubic  air  content"  is  of  relatively  little 


STREET  STREET 

5AD  U<jHTIN<*  OF  ROOM  A     ONE  WAY 

FIGURE  23 


IT 


moment,  and  that  the  important  things  are  the  reduc- 
tion of  high  temperature,  the  avoidance  of  too  much 
moisture  and  especially  free  movement  of  the  air. 
The  opportunity  for  "through"  or  cross-ventilation, 
therefore,  becomes  of  vital  consequence.  It  is  re- 
markable the  difference  a  transom  over  a  bed  room 
door  will  make  in  the  livableness  of  the  room.  The 
best  way  to  secure  "through"  ventilation  of  course 
is  to  have  windows  in  opposite  or  adjacent  sides  of  a 
room.  This,  however,  is  not  always  possible,  espe- 
cially in  the  case  of  multiple  dwellings.  Where  this 
is  not  possible,  very  good  results  are  obtained  by  pro- 
viding communicating  doors  between  adjacent  rooms, 
when  such  doors  are  strategically  located. 

NOTE  7:  It  should  be  noted  that  the  provisions  of 
this  section  will  fully  safeguard  conditions  where  it  is 
permitted  to  cover  over  yards  or  courts,  or  a  portion 
of  them,  on  the  ground  floor.  Nothing  in  such  per- 
mission would  give  the  right  to  construct  rooms  on 
the  ground  floor  which  do  not  have  windows  opening 
on  an  open  space  of  lawful  size. 

NOTE  8:  In  some  cities  where  owing  to  high  land 
values  the  necessity  for  concentrated  housing  exists, 
types  of  multiple  dwellings  have  been  evolved  in 

134 


§32  LIGHT   AND    VENTILATION 

which  there  are  on  each  floor  one  or  several  so-called 
"interior  apartments,"  which  have  all  their  rooms 
opening  either  on  a  court  or  on  the  side  yard.  It  is 
believed  by  some  that  it  is  bad  for  people  to  live  in 
such  homes,  without  outlook  on  either  street  or  rear 
yard.  Certainly  such  apartments  cannot  have  as 
adequate  ventilation  as  those  on  the  street  or  yard. 
If  it  is  desired  to  prohibit  these  inside  flats,  the  follow- 
ing variation  is  suggested.  Add  at  the  end  the  fol- 
lowing: 

VARIATION:   "In  multiple-dwellings  of   Class  A  here-  Variation 
after  erected  there  shall  be  no  apartment,  suite  or  group 
of  rooms  which  does  not  contain  at  least  one  room  open- 
ing directly  upon  the  street  or  rear  yard." 

§  32.  WINDOWS  IN  ROOMS. l  In  every  dwelling  hereafter 
erected  the  total  window  area  in  each  room2  shall  be  at 
least  ONE  SEVENTH  of  the  superficial  floor  area  of  the 
room,  and  the  whole  window  shall  be  made  so  as  to  open  in 
all  its  parts.3  Such  window  area  shall  be  of  windows  open- 
ing directly  upon  the  street,  or  upon  a  yard  or  court  of  the 
dimensions  specified  in  this  article.  At  least  one  such 
window  shall  be  not  less  than  twelve  square  feet4  in  area 
between  the  stop-beads.  In  multiple-dwellings  hereafter 
erected  the  top  of  at  least  one  window  shall  be  not  less 
than  seven  feet  six  inches  above  the  floor. 

NOTE  i :  This  is  an  attempt  to  assure  sufficient  light  Expiana. 
and  ventilation  in  all  rooms.  It  will  operate  only  in 
the  case  of  very  large  rooms  or  where  an  attempt  might 
be  made  to  evade  the  law  by  constructing  a  long  room 
and  later  subdividing  it.  In  this  event  .more  ample 
window  space  should  be  provided.  It  will  be  seen 
at  a  glance  that  there  is  nothing  in  this  section  that 
can  be  deemed  a  hardship  by  anyone.  In  the  case 
of  a  bed  room  of  90  square  feet  the  window  would 
have  to  be  a  little  over  12  square  feet  in  area,  which  is 
about  the  usual  size.  That  would  give  a  window  2^2 
feet  wide  and  5  feet  high. 

NOTE  2:  The  provisions  of  this  section  are  not  in- 
tended to  apply  to  bath  rooms  and  water-closet  com- 
partments. That  subject  is  treated  under  Section  37. 

135 


A    MODEL    HOUSING    LAW  §  33 

NOTE  3:  The  phrase  "in  all  its  parts"  means  that 
the  whole  window  shall  open.  If  the  window  is  a 
"double-hung"  sash,  both  halves  must  open  fully. 
If  the  window  is  a  casement  window  or  hinged  sash, 
the  whole  window  will  naturally  open.  Similarly, 
if  it  is  a  pivoted  sash. 

NOTE  4:  The  establishing  of  12  square  feet  as  a 
standard  does  not  mean  that  a  room  cannot  have 
windows  less  in  size  than  this  but  that  there  must  be 
at  least  one  window  of  that  size  in  a  room.  This 
would  permit  such  further  ornamental  treatment  as 
may  be  desired  with  oval  or  fan-shaped  windows  or 
windows  of  irregular  size,  for  architectural  effect. 

§33.  ROOMS,  SIZE  OF.1  In  every  dwelling  hereafter 
erected  all  rooms,  except  water-closet  compartments  and 
bath  rooms,  shall  be  of  the  following  minimum  sizes: 
Every  room  shall  contain  at  least  NINETY  square  feet 
of  floor  area;  no  room  shall  be  in  any  part  less  than 
SEVEN  feet  wide.2  Except  that  kitchenettes3  and  cells4  of 
jails  may  contain  but  fifty  square  feet  of  floor  area,  and  be 
not  less  than  five  feet  wide.  In  multiple-dwellings  of 
Class  A  in  each  apartment,  group  or  suite  of  rooms  there 
shall  be  at  least  one  room  containing  not  less  than  ONE 
HUNDRED  AND  FIFTY  square  feet  pf  floor  area.5 

Exolana-  NOTE  i :  Just  as  it  has  been  found  necessary  to  regu- 

late the  minimum  dimensions  of  open  spaces  to  fur- 
nish light  and  ventilation,  so  it  has  been  found  equally 
necessary  to  establish  the  minimum  dimensions  of 
rooms,  as  it  has  happened  that  unscrupulous  specu- 
lative builders,  especially  in  the  case  of  tenement 
houses,  and  in  many  cities  also  in  the  case  of  apart- 
ment houses,  have  built  rooms  extremely  small  in 
order  to  pack  people  in  as  closely  as  possible  and  thus 
increase  profits.  The  tendency  has  been  especially 
manifest  in  the  case  of  servants'  rooms  in  high-class 
apartment  houses,  the  theory  having  apparently  been 
that  servants  are  not  human.  The  standard  of  90 
square  feet,  as  the  irreducible  minimum  for  all  rooms, 
whether  bed  rooms  or  any  other  kind,  seems  reason- 
able. Outside  of  such  cities  as  New  York  no  objection 
should  be  raised  to  this  standard.  In  fact,  it  will  be 
found  that  most  dwellings  that  have  been  erected  in 


§33  LIGHT    AND    VENTILATION 

recent  years  have  rooms  considerably  larger  than  this. 
There  will  be  one  or  two  individuals,  however,  who 
think  this  standard  too  high.  It  is  misleading  to  con- 
sider this  question  without  a  full  realization  of  what  a 
room  90  square  feet  in  area  is  like  to  live  in,  because  in 
many  multiple  dwellings  the  individual  bedrooms  are 
really  the  living  rooms  of  the  persons  who  sleep  in 
them.  It  is  especially  so  in  tenements  where  as  a 
rule  more  than  one  person  sleeps  in  each  bedroom — 
sometimes  several  people.  A  room  90  square  feet 
will  seem  a  pretty  good  sized  room  on  a  plan,  but  the 
room  assumes  less  desirability  when  considered,  as  it 
must  be,  with  the  various  articles-  of  furniture  in  it 
which  are  usually  found  there.  Even  a  room  90 
square  feet  in  area  after  a  clothes  closet  or  wardrobe 
has  been  built  into  it,  thus  taking  6  square  feet  of  the 


FIGURE  24 
ROOM  WITH  FURNITURE  IN  IT 

floor  area  away,  seems  less  commodious  when  a  double 
bed,  a  bureau,  a  wash-stand,  a  chair,  a  small  table, 
and  a  trunk  are  placed  in  the  room. 

NOTE  2:  It  would  seem  that  it  should  be  unneces- 
sary to  impose  a  minimum  width  of  room,  but  experi- 
ence in  several  cities  has  shown  that  many  architects 
and  builders  have  been  willing  to  build  rooms  of  the 
most  outrageous  type — rooms  that  look  more  like 
long  corridors  or  sleeping-car  effects  than  like  living 
rooms.  These  have  been  chiefly  in  tenement  houses 
or  servants'  rooms  in  apartment  houses.  In  order  to 
prevent  this  it  has  become  necessary  to  establish  a 
minimum  beyond  which  they  shall  not  go.  Seven 
feet  is  little  enough. 

NOTE  3 :  The  "  kitchenette"  apartment  house  is  not 
a  desirable  type  of  dwelling  to  encourage.  From  a 
social  and  civic  point  of  view  it  is  bad  for  a  community 

137 


A    MODEL    HOUSING    LAW 


§33 


to  have  many  buildings  of  this  type;  for,  it  makes  it 
too  easy  for  young  married  people  to  avoid  the  respon- 
sibilities of  family  life,  and  thus  indirectly  discourages 
having  children.  Such  buildings  are  quite  unsuitable 
for  families  in  which  there  are  children. 

The  type  fills,  however,  a  legitimate  need  in  the 
case  of  single  women  and  men  and  older  people  whose 
families  have  grown  up.  A  few  such  buildings  do  no 
harm  but  they  should  be  discouraged  as  a  general 
type  of  development.  In  order  to  permit  the  kind 
of  "light  housekeeping"  that  is  a  feature  of  buildings 
of  this  class,  it  is  necessary  to  permit  in  them  "  kitchen- 
ettes" of  small  size.  Fifty  square  feet  with  a  mini- 
mum width  of  five  feet  is  quite  as  small  as  should  be 


FIGURE  25 
NARROW  SERVANT'S-ROOM 

permitted,  and  as  small  as  any  legitimate  interests  will 
desire. 

NOTE  4:  While  it  is  desirable  to  afford  prisoners 
confined  in  institutions  all  the  essentials  of  life,  and 
especially  adequate  light  and  air,  it  is  obvious  that  it 
is  neither  necessary  nor  desirable  to  require  cells  in 
future  penal  institutions  to  be  90  square  feet  in 
area.  This  would  add  unduly  to  the  cost  of  such 
institutions  and  is  quite  unnecessary  for  one-man  cells. 

NOTE  5 :  The  requirement  that  in  the  case  of  apart- 
ment houses,  flats  and  tenement  houses  there  shall  be 
in  each  apartment  one  room  containing  1 50-  square 
feet  of  floor  area  is  for  the  purpose  of  insuring  one  liv- 
ing room  of  a  reasonable  size  to  permit  proper  family 
life.  The  law  does  not  attempt  to  say  which  room  this 
shall  be.  That  is  left  to  the  architect  and  owner. 
The  room  may  be  the  parlor  or  again  it  may  be  the 
dining  room  or  kitchen.  In  the  case  of  tenements  it  is 
of  course  obvious  that  it  is  unreasonable  to  require 

.38 


§34  LIGHT   AND    VENTILATION 

each  flat  to  have  either  parlor  or  dining  room.  The 
ordinary  tenement  has  neither.  It  is  all  the  more  im- 
portant, therefore,  in  that  class  of  buildings  to  have 
the  kitchen  or  living  room  a  reasonable  size. 

§  34.  ROOMS,  HEIGHT  OF.  No  room  in  a  private-dwell- 
ing or  two-family  dwelling  hereafter  erected  shall  be  in  any 
part  less  than  EIGHT1  feet  high  from  the  finished  floor  to 
the  finished  ceiling.  Except  that  an  attic2  room  in  such 
private-dwelling  or  two-family  dwelling  need  be  but 
EIGHT  feet  high  in  but  one  half  its  area,  but  at  no  point 
less  than  SIX  feet  in  height;,  where,  however,  such  attic 
room  contains  a  floor  area  of  one  hundred  square  feet 
or  more3  it  shall  be  not  less  than  SEVEN  FEET  SIX 
INCHES  high  in  one  half  its  area,  and  at  no  point  less 
than  FIVE  feet  in  height.  No  room  in  a  multiple-dwell- 
ing4 hereafter  erected  shall  be  in  any  part  less  than  nine 
feet  high  from  the  finished  floor  to  the  finished  ceiling. 

NOTE  i :  With  the  increased  cost  of  building  which  Explana- 
has  become  so  serious  a  factor  in  creating  a  housing  j-jon 
shortage  throughout  the  country,  especially  since  the 
War,  it  has  become  increasingly  important  to  reduce 
the  cost  of  the  workingman's  dwelling  in  every  way 
practicable,  without  unduly  sacrificing  essential  re- 
quirements of  safety  or  sanitation. 

No  simpler  or  more  effective  way  of  doing  this  exists 
than  by  reducing  the  cubage  of  the  building;  and  the 
easiest  way  of  doing  this  is  by  reducing  height.  More- 
over, the  fashion  of  building  in  many  parts  of  the  coun- 
try— a  consideration  which  cannot  wisely  be  ignored 
—is  for  buildings  of  lower  height.  For  these  reasons  it 
seems  wise  to  permit  private  dwellings  and  two-family 
dwellings  to-be  built  with  rooms  only  8  feet  high.  This, 
however,  is  the  irreducible  minimum.  The  rooms  would 
be  more  livable  and  healthier;  for,  they  will  be  cooler 
in  summer  and  will  have  more  and  better  air  and  the 
air  will  move  more  freely,  if  the  rooms  are  higher — 
either  8  feet  6  inches  or  9  feet  in  height.  In  tropical 
countries  the  high  ceiling  is  essential.  Where  a  ceil- 
ing of  such  height  can  be  obtained  without  going 
counter  to  the  well-established  practice  of  a  commun- 
ity or  without  arousing  too  great  opposition  from 
139 


A    MODEL    HOUSING    LAW  §  34 

builders  and  building  interests,  it  is  wise  to  follow  the 
higher  standard.  Some  architects  will  seek  even  lower 
standards  than  those  in  this  section  and  will  want  to 
be  allowed  to  build  rooms  even  as  low  as  7  feet  and  7 
feet  6  inches  in  height.  This  ought  not  to  be  per- 
mitted under  any  circumstances.  Eight  feet  is  the 
irreducible  minimum. 

NOTE  2:  The  question  will  arise  as  to  attic  rooms 
and  in  many  communities  it  will  be  strongly  desired 
to  permit  the  erection  and  use  of  attic  rooms  which 
have  not  the  required  height.  Attic  rooms  are  seri- 
ously objectionable  and  entirely  unnecessary  in  mul- 
tiple dwellings  of  any  kind.  They  certainly  need 
not  be  permitted  in  such  buildings.  When  it  comes 
to  private  dwellings  however,  the  case  is  different.  Un- 
less all  private  dwellings  are  to  be  flat-roofed  buildings 
the  attic  room  becomes  a  necessity.  If  not  permitted 
the  peaked  and  gabled  roof  types  of  buildings  would 
disappear.  As  the  majority  of  private-dwellings 
throughout  the  country  are  of  this  type,  any  housing 
law  that  claims  to  be  practical  must  take  this  consider- 
ation into  account. 

All  that  we  need  to  do  is  to  make  sure  that  no  attic 
room  of  undesirable  type  shall  be  built.  That  means 
that  we  must  insure  an  adequate  height  throughout  the 
living  portions  of  the  room  to  insure  proper  ventilation 
and  reasonable  comfort  in  use.  The  room  must  not  be 
so  low  in  any  part  which  is  to  be  used,  that  people  can- 
not move  freely  around  in  it  without  bumping  their 
heads,  nor  must  the  bed  be  set  up  close  under  the  eaves 
so  that  the  head  of  it  is  too  close  to  or  touches  the 
ceiling  or  rafters.  A  sufficient  supply  of  air  cannot  be 
afforded  the  sleeper  under  such  conditions. 

These  conditions  are  obviated  by  the  requirement 
that  an  attic  room  shall  not  be  less  than  6  feet  in  height 
at  any  point. 

NOTE  3 :  Where,  as  often  happens,  an  attic  room  is 
made  much  larger  than  the  minimum  sizes  laid  down 
in  the  Model  Law,  so  that  practically  a  room  of  the 
minimum  size  is  provided  of  the  full  height  required  by 
the  law,  it  is  apparent  that  it  is  only  reasonable  to 
allow  what  may  be  termed  the  additional  room  space 
voluntarily  left  to  be  of  a  less  height.  There  are  limits, 
however,  to  which  this  privilege  may  wisely  be  ex- 
tended. It  has  been  sought  in  this  section  to  safeguard 

140 


§35  LIGHT   AND    VENTILATION 

these  conditions  while  at  the  same  time  granting  every 
privilege  which  should  be  granted. 

NOTE  4:  There  is  no  legitimate  reason  for  rooms  of 
low  height  in  multiple  dwellings.  In  tenements 
especially,  high  rooms  are  essential.  In  many  of  these 
occupied  by  the  more  ignorant  alien  groups,  where 
habits  of  keeping  windows  open  have  not  yet  been 
acquired,  and  where  as  a  rule  many  people  occupy  a 
very  limited  space,  and  where  the  practice  of  taking  in 
lodgers  or  roomers  so  often  prevails,  rooms  with  a 
greater  ceiling  height  are  an  absolute  necessity.  In 
other  classes  of  multiple  dwellings,  apartment  houses, 
hotels,  etc.,  rooms  9  feet  in  height  will  be  found  to  be 
very  advantageous.  The  necessity  for  reducing  cost 
by  reducing  the  total  height  of  the  building  is  not  so 
controlling  here;  for,  there  is  a  sufficient  margin  of 
profit  not  to  make  this  reduction  in  cost  a  matter  of 
much  moment.  As  a  matter  of  fact,  all  hotels  and 
most  apartment  houses  would  have  9-foot  ceilings  or 
higher  ones,  were  there  no  law  on  the  subject. 

§35.  ALCOVES  AND  ALCOVE  ROOMS. l  In  a  dwelling  here- 
after erected  an  alcove  in  any  room  shall  be  separately 
lighted  and  ventilated2  as  provided  for  rooms  in  the  fore- 
going sections.  Such  alcove  shall  be  not  less  than  N INETY 
square  feet  in  area.3  No  part  of  any  room  in  a  dwelling 
hereafter  erected  shall  be  enclosed  or  subdivided4  at  any  . 
time,  wholly  or  in  part,  by  a  curtain,  portiere,  fixed  or 
movable  partition  or  other  contrivance  or  device,  unless 
such  part  of  the  room  so  enclosed  or  subdivided  shall  con- 
tain a  separate  window  as  herein  required  and  shall  have 
a  floor  area  of  not  less  than  NINETY  square  feet. 

NOTE  i :  This  is  a  vitally  important  section.  Un-  Explana 
less  enacted  as  drawn,  all  of  the  provisions  of  the  law  tion 
which  seek  to  secure  adequate  light  and  ventilation 
in  rooms  will  go  for  naught  because  windowless  rooms 
without  light  or  outside  ventilation  will  be  constructed 
in  large  numbers  in  the  guise  of  "alcoves/'  The  his- 
tory of  the  experience  of  various  cities  on  this  point 
is  instructive.  In  New  York  in  1901,  in  the  desire 
to  meet  the  views  of  architects  building  high-grade 
apartment  houses,  an  attempt  was  made  to  permit 
alcoves  and  a  provision  was  formulated  by  the  then 
141 


A    MODEL    HOUSING    LAW  §  35 

Tenement  House  Commission  seeking  to  do  this  and 
at  the  same  time  to  safeguard  the  situation  against 
the  evils  of  dark  rooms.  It  was  provided  that 
"where  any  room  adjoins  another  room  and  has  80 
per  centum  or  more  of  one  entire  side  open  to 
another  room  and  there  is  no  door  between,  it  shall 
be  considered  as  part  of  the  said  room.  Under  other 
circumstances  every  alcove  shall  be  deemed  a  sepa- 
rate room  for  all  purposes  within  the  meaning  of  this 
act." 

Immediately  the  speculative  builders  building  cheap 
tenement  houses  took  advantage  of  this  provision  to 
break  down  the  requirements  prohibiting  dark  and  un- 
ventilated  rooms.  Plans  were  filed  for  new  tenement 
houses  showing  one  room  in  an  apartment  with  win- 
dows opening  directly  to  the  outer  air  and  then  as 
many  as  three  alcoves  opening  from  each  of  the  other 
three  sides  of  it;  each  alcove  complying  strictly  with 
this  provision,  having  more  than  80  per  centum  open 
to  the  outer  room.  The  alcoves  so  constructed  were 
to  be  used  as  bedrooms,  adjoining  the  one  light  room. 
Thus  at  one  step,  the  most  serious  evils  of  the  type 
of  tenement  built  forty  years  before  were  returned  to. 
The  law  under  such  circumstances  was  manifestly 
impossible.  It  was  at  once  amended  at  the  earliest 
opportunity,  but  not  before  a  few  of  these  objection- 
able tenement  houses  had  been  built.  The  amended 
provision  was  more  simple.  It  said  "alcove  rooms 
must  conform  to  all  the  requirements  of  other  rooms/' 
Even  this  amendment,  which  was  thought  to  be  clear- 
cut,  definite  and  comprehensive  did  not  turn  out 
to  be  judge-proof!  It  would  have  seemed  that  un- 
der the  terms  of  this  provision  it  should  not  have 
been  possible  to  evade  the  law  and  construct  dark 
rooms  in  new  tenements  in  the  guise  of  "alcoves," 
but  it  was  attempted;  the  public  authorities  at  once 
brought  legal  proceedings  to  restrain  it,  and  then  a 
Supreme  Court  judge  handed  down  a  decision  in  which 
he  sustained  the  attempt  at  evasion,  the  chief  ground 
of  this  decision  being  that  an  "alcove"  was  a  differ- 
ent thing  from  an  "alcove  room"  and  that  the  law 
did  not  deal  with  alcoves  but  with  alcove  rooms. 
Nothing  short,  therefore,  of  the  concise,  definite, 
categoric,  and  comprehensive  language  used  in  Sec- 
tion 35  is  adequate  to  deal  with  this  question.  Where 

142 


§35  LIGHT   AND    VENTILATION 

similar  provisions  have  been  enacted  it  has  not  been 
found  possible  to  find  loopholes  in  them. 

NOTE  2:  The  great  objection  to  an  alcove  is  that  it 
is  bound  to  be  used  as  a  separate  room  no  matter  to 
what  extent  it  may  adjoin  another  room  nor  how  great 
an  opening  there  is  between  them  to  permit  light  and 
air  to  enter.  At  best  the  room  is  sure  to  be  too  far 
away  from  the  source  of  light  and  air  and  is  sure  to  be 
shut  off  from  the  other  room,  if  not  by  partitions  then 
by  curtains  or  portieres.  This  type  of  construction 
is  in  some  respects  worse  than  if  a  solid  partition  had 
been  erected  with  nothing  but  a  door  in  it  and  a  to- 
tally dark  room  constructed,  as  the  curtains  or  por- 
tieres are  germ  catchers  and  in  the  ordinary  flat  are 
seldom  removed  or  cleaned.  A  permanent  partition 
does  not  have  these  objectionable  qualities.  The 
chief  objection,  however,  to  this  plan  of  construction 
is  that  it  is  sure  to  result  in  people  sleeping  or  living  in 
rooms  that  do  not  have  adequate  light  and  ventila- 
tion. 

NOTE  3:  It  should  be  carefully  observed  that  noth- 
ing in  this  section  prohibits  the  alcove  treatment  of 
rooms,  which  is  often  desired  because  of  architectural 
effect.  The  architect  is  still  free  to  utilize  such  treat- 
ment but  with  the  important  proviso  that  the  alcove 
must  have  its  own  independent  source  of  ventilation 
to  the  outer  air  and  must  not  be  less  in  size  than 
the  minimum  size  prescribed  for  rooms;  namely,  90 
square  feet.  This  is  no  hardship  as  long  as  an  archi- 
tect knows  in  advance  what  he  can  do  and  what  he 
cannot  do  and  can  adapt  his  plans  accordingly. 

NOTE  4:  That  the  fear  of  alcoves  being  improperly 
used  and  dark  rooms  being  created  is  not  a  fanciful 
one,  is  shown  by  the  experience  of  the  city  of  Brooklyn 
during  one  of  the  periods  alluded  to  in  Note  i ,  when 
for  a  year  or  more  the  builders  in  that  city  constructed 
what  were  known  as  "wardrobe  flats."  Their  scheme 
to  beat  the  law  was  simple  and  ingenious.  A  builder 
would  file  a  plan  showing  a  flat  two  rooms  in  depth, 
each  room  1 1  feet  wide  by  about  30  feet  long.  One 
room  would  be  marked  "parlor"  and  the  other  "kit- 
chen." In  view  of  the  wording  of  the  law  at  that 
time,  the  public  authorities  were  forced  to  accept 
these  plans — though  they  had  their  suspicions  as  to 
what  was  contemplated — as  each  one  of  the  rooms 


A    MODEL    HOUSING    LAW  §  35 

complied  with  the  law,  having  windows  to  the  outer 
air,  one  opening  on  the  street,  the  other  on  the  rear 
yard.  What  happened,  however,  was  this:  After  the 
buildings  were  finished  a  wardrobe  extending  from 


FIGURE  26  FIGURE  27 

"WARDROBE  FLATS" 

the  floor  to  the  ceiling  was  erected  half  way  down  each 
of  the  rooms,  in  the  rear  room  serving  as  the  kitchen 
dresser  and  in  the  front  room  serving  as  a  general 
clothes  closet;  these  wardrobes  extended  entirely 
across  the  room  in  a  direction  parallel  to  the  front  and 
144 


§  36  LIGHT   AND    VENTILATION 

rear  walls  of  the  building,  leaving  the  usual  space  for 
a  passage  way,  practically  a  door  opening,  at  one  side. 
By  this  simple  device  the  builder  had  created  four 
rooms  out  of  two  and  had  two  dark  bedrooms  in  each 
flat.  Fifty  per  cent  of  all  the  rooms  were  windowless 
and  without  either  light  or  air,  thus  returning  to  the 
worst  type  of  house  that  had  been  erected  in  that  city 
and  which  had  been  outlawed  some  thirty  years  back. 
The  houses  were  rented  as  "wardrobe  flats/'  The 
tenants  of  course  did  not  know  what  had  happened. 
Finding  the  flats  for  rent  and  seeing  a  certificate  from 
the  city  department  that  the  buildings  complied  with 
the  law,  as  they  did  before  these  wardrobes  were 
erected,  they  rented  the  apartments.  So  skilful  did 
the  builders  become  in  this  device  that  they  even 
went  one  step  further  and  hinged  these  wardrobes  so 
that  when  the  city  inspector  should  come  to  inspect 
the  apartment  the  wardrobes  would  be  swung  back 
against  the  kitchen  or  parlor  wall  as  the  case  might 
be  and  thus  be  held  to  be  a  piece  of  movable  furniture 
and  not  a  permanent  partition.  The  drawings  on 
page  144  show  clearly  what  was  done.  Figure  26 
shows  the  plan  as  filed  and  approved.  Figure  27 
shows  the  changes  that  were  made  by  the  installa- 
tion of  the  wardrobes. 

NOTE  5 :  Care  should  of  course  be  taken  in  enforc- 
ing this  section,  that  it  should  not  be  done  in  a  tech- 
nical way,  resulting  in  absurdities.  Small  recesses  in 
rooms  which  are  solely  for  architectural  treatment, 
shallow  in  depth  and  not  extending  back  from  the 
wall  more  than  a  few  inches,  sometimes  for  the  pur- 
pose of  placing  a  piano,  should  of  course  be  permitted. 
Common  sense  must  be  used  in  the  enforcement  of 
this  section  as  well  as  in  the  whole  law.  The  test  is 
whether  these  slight  recesses  are  susceptible  of  treat- 
ment as  a  separate  room.  If  so,  they  should  not  be 
permitted.  If  the  recess  is  very  slight  and  cannot 
be  used  for  a  bed  or  couch  or  in  any  other  way  as  a 
separate  room  it  can  do  no  harm  to  permit  it.  This 
is  not  a  question  that  can  be  dealt  with  in  the  statute. 
It  must  be  left  to  the  intelligent  interpretation  of  the 
law  by  the  enforcing  officials. 

§  36.  PRIVACY.1     In  every  dwelling  hereafter  erected, 
access  to  every  living  room  and  to  every  bedroom  and  to 

10  ,45 


A    MODEL    HOUSING    LAW 


§36 


at  least  one  water-closet  compartment  shall  be  had  with- 
out passing  through  a  bedroom.  "  Passing  through  a 
bedroom"  shall  not,  however,  be  construed  as  applying  to 
access  from  a  bedroom  to  an  adjoining  private  bath  room 
or  communicating  bath  room.2 


Explana- 
tion 


NOTE  i :  This  does  not  mean  that  there  must  be  a 
private  hall  provided  for  each  apartment  in  multiple 
dwellings.  It  means  that  the  rooms  shall  be  so  ar- 
ranged that  access  to  the  bedrooms  and  to  at  least  one 
water-closet  compartment  shall  be  either  through  the 
kitchen,  parlor,  library,  dining  room,  or  private  hall 
if  there  is  one.  Nor  does  it  mean  that  where  there 
are- several  bath  rooms  and  water-closet  compartments 
access  to  every  one  of  these  shall  be  had  without  pass- 
ing through  a  bedroom,  but  that  there  shall  be  at  least 
one  water-closet  to  which  access  may  thus  be  had. 
This  provision  is  made  especially  necessary  in  the  case 
of  tenement  houses,  because  of  the  practice  of  tenants 
taking  lodgers  and  boarders  into  their  apartments. 

NOTE  2:  This  provision  does  not  mean  that  a  bed- 
room cannot  adjoin  a  water-closet  or  bath  room  and 
have  direct  access  to  it.  It  simply  means  that  people 
not  utilizing  that  bedroom  shall  not  have  to  pass 
through  it  to  get  to  the  water-closet.  The  following 
sketch  shows  what  is  meant.  Access  from  bedroom 
No.  i  to  the  water-closet  is  lawful.  Access  from  bed- 
room No.  2  through  bedroom  No.  i  is  unlawful. 


PLAN 


PLAN 


CORRIDOR.     . 


"\              1               "\" 

BEDROOM    6FDROOM 

r~ 

ID 

1  W  l  

£XW,- 

IWI  

STREET- 
HOTEL   ROOMS 


FIGURE  28 
146 


(-J 

'BATH 

o 
a 

BED/PI 

ROOM 
BED* 
ROOM  2 

K  ITCH  EH 

PARLOR, 

ROOMS   IN  A  FLAT 
UNLAWFUL 


§  37  LIGHT  AND  VENTILATION 

§  37.  WATER-CLOSET  COMPARTMENTS  AND  BATH 
ROOMS,  LIGHTING  AND  VENTILATION1  OF.  In  every  dwell- 
ing hereafter  erected  every  water-closet  compartment 
and  bath  room3  shall  have  at  least  one  window  opening 
directly2  upon  the  street,  or  upon  a  yard  or  court  of  the 
dimensions  specified  in  this  article  and  located  on  the  same 
lot.  No  such  window  shall  be  less  in  size  than  THREE4 
square  feet  between  stop-beads,  and  the  aggregate  area 
of  windows  for  each  water-closet  compartment  shall  be  not 
less  than  SIX  square  feet  between  stop-beads.  Every 
such  window  shall  be  made  so  as  to  open  in  all  its  parts 
and  shall  be  so  located  as  to  properly  light  the  room  in 
every  part.  Nothing  in  this  section  contained  shall  be  con- 
strued so  as  to  prohibit  a  general  toilet  room5  containing 
several  water-closet  compartments  separated  from  each 
other  by  dwarf  partitions,  provided  such  toilet  room  is  ade- 
quately lighted  and  ventilated  to  the  outer  air  as  above  pro- 
vided, and  that  such  water-closets  are  supplemental  to  the 
water-closet  accommodations  required  by  the  provisions 
of  section  forty-seven.  If  located  immediately  beneath  a 
roof,  a  ventilating  skylight6  open  to  the  sky  with  an  open- 
ing not  less  than  six  square  feet  in  area  in  each  water- 
closet  compartment  may  be  used  in  lieu  of  the  windows 
above  required. 

NOTE  i :  This  is  an  important  phase  of  house  plan-  Explana- 
ning  concerning  which  many  of  our  American  archi-  tion 
tects  need  to  be  educated.  Many  of  them  apparently 
do  not  realize  the  vital  importance  of  light  and  es- 
pecially the  germicidal  effect  of  direct  sunlight  in 
water-closets,  particularly  in  the  homes  of  the  poor. 
The  importance  of  direct  sunlight  in  water-closet  com- 
partments in  all  classes  of  buildings  cannot  be  over- 
stated. In  tenement  houses  and  single-family  houses 
in  which  poor  people  dwell  the  greatest  abuses  are 
generally  found  in  the  dark  water-closet.  Conditions 
here  are  as  a  rule  indescribable.  It  is  because  of  this 
that  most  sanitary  authorities  have  for  years  pro- 
hibited cellar  water-closets.  Even  in  the  home  of  the 
educated  and  well-to-do  person  direct  sunlight  is  es- 
sential in  the  water-closet  and  bathroom.  If  there  is 

147 


A    MODEL    HOUSING    LAW  §  37 

sickness  in  the  family  here  is  the  danger  of  contagion, 
especially  in  cases  of  tuberculosis,  typhoid  fever,  and 
so  on,  as  the  slop  emptyings  will  take  place  in  the 
bath  room. 

NOTE  2:  Equally  important  is  the  ventilation  of 
such  rooms  directly  to  the  outer  air.  Apparently 
few  architects -as  yet  know  of  the  recent  discoveries 
with  regard  to  the  principles  of  ventilation,  which 
have  completely  reversed  much  that  had  previously 
been  held  on  this  subject.  The  average  architect, 
it  would  seem,  has  not  heard  of  the  two  vital  principles 
necessary  to  insure  proper  health;  namely,  the  pre- 
vention of  excessive  temperature  and  constant  move- 
ment of  the  air.  The  best  means  of  renewing  the  air 
is  by  a  window.  The  only  satisfactory  method  of  se- 
curing movement  of  air  is  also  by  windows.  No  arti- 
ficial system  of  ventilation  that  has  been  devised  is 
equally  satisfactory  even  when  well  installed  and  care- 
fully managed  and  supervised.  So  far  as  tenement 
houses,  flats  and  apartment  houses  are  concerned, 
the  building  community  has  apparently  become  ac- 
customed to  the  requirement  that  water-closets  in 
such  buildings  shall  have  direct  means  of  ventilation 
to  the  outer  air,  but  even  here  there  are  architects 
who  would  wish  to  construct  water-closets  entirely 
without  such  means,  relying  upon  artificial  light  and 
artificial  systems  of  ventilation.  It  will  not  do,  how- 
ever, to  permit  any  such  sanitary  standards  to  be 
adopted. 

NOTE  3 :  This  subject  assumes  especial  significance 
in  the  case  of  the  modern  high-class  hotel,  in  which 
practically  every  bedroom  is  provided  with  its  private 
bathroom.  A  saving  of  space  will  undoubtedly  re- 
sult and  the  building  can  be  planned  with  much  greater 
ease  and  will  present  fewer  problems  to  the  architect 
if  he  can  construct  his  bathrooms  away  from  the  outer 
walls  and  without  direct  ventilation.  As  the  result  of 
such  saving  of  space  more  rooms  can  be  provided  and 
larger  profits  secured  for  the  investor.  The  question 
is,  therefore,  in  such  buildings  an  important  economic 
one.  But  the  disadvantages  of  such  a  method  of  con- 
struction from  a  sanitary  point  of  view  far  outweigh 
the  commercial  advantages.  What  determines  the 
decision  in  this  matter  is  not  whether  the  investor  can 
secure  increased  profits  by  this  method  of  construc- 

148 


§37  LIGHT   AND    VENTILATION 

tion  but  whether  the  prohibition  of  the  objectionable 
method  of  construction  will  have  the  effect  of  making 
it  impossible  to  construct  a  building  of  this  kind  and 
have  it  commercially  profitable.  No  one  claims  this 
nor  could  such  claim  be  effectively  sustained.  There 
have  been  too  many  modern  hotels  of  the  very  highest 
class  erected  in  recent  years  in  pur  largest  cities  where 
each  bedroom  has  its  own  private  bathroom  and 
where  every  bathroom  has  direct  outside  ventilation 
to  make  any  such  claim  tenable  for  a  moment.  From 
a  sanitary  point  of  view  it  is  especially  important 
that  bathrooms  and  water-closets  in  hotels  should 
have  direct  outside  ventilation.  The  hotel  from  the 
point  of  view  of  spreading  disease  is  far  more  dan- 
gerous than  any  other  class  of  building  because  of  its 
transient  occupancy.  A  guest  occupies  a  room;  the 
landlord  does  not  know  that  the  guest  is  suffering  from  ' 
tuberculosis;  he  may  be  careless  with  his  sputum  and 
deposit  it  on  the  floor  of  the  bathroom.  If  the  bath 
room  is  an  "inside"  room,  there  is  no  opportunity  for 
the  sunlight  or  air  to  get  at  the  germs  and  kill  them. 
Similarly  with  every  communicable  disease.  The  in- 
side bathroom  is  objectionable  from  another  point  of 
view,  in  that  it  means  excessive  heat  and  no  movement 
of  air;  that  is,  it  presents  the  two  methods  of  bad 
ventilation  which  are  considered  by  present-day  ex- 
perts as  representing  the  worst  forms  of  the  problem. 
No  matter  what  system  of  artificial  ventilation  is  pro- 
vided, there  is  no  adequate  means  of  frequent  re- 
newal of  the  air  nor  any  means  of  reducing  excessive 
heat,  owing  to  the  steam  vapor  that  arises  from  the 
hot  water  supply  when  a  hot  bath  is  drawn.  The 
room  is  apt  to  hold  for  a  long  time  an  excessive  amount 
of  moisture  and  high  temperature,  all  of  which  have  a 
debilitating  and  injurious  effect  upon  the  system.  In 
winter  if  the  steam  pipes  run  through  such  an  inside 
bathroom  it  is  practically  impossible  to  cool  it  and  it 
becomes  extremely  uncomfortable  for  the  occupant 
of  the  room  who  is  compelled  to  use  it.  For  all  these 
reasons  there  should  be  no  hesitation  whatever  in 
opposing  any  plea  for  permission  to  construct  inside 
bathrooms  or  water-closets  in  future  hotels.  Archi- 
tects and  owners  of  projected  hotels  will  be  most  in- 
sistent in  demanding  the  privilege  of  using  "inside" 
bath  rooms,  claiming  that  artificial  ventilation  is 

149 


A    MODEL    HOUSING    LAW  §  37 

adequate  and  pointing  to  the  very  general  practice  of 
constructing  hotels  in  this  manner  in  most  of  our 
cities. 

While  it  is  true  that  many  modern  hotels  have  been 
constructed  in  this  way,  it  is  because  there  are  larger 
profits  to  be  had  thereby.  The  method  has  until 
recently  not  been  prohibited  because  no  one  has 
given  any  attention  to  the  subject;  nor,  have  housing 
laws  until  very  recently  applied  to  hotels,  and  archi- 
tects have  accordingly  been  free  to  do  as  they  pleased. 

One  of  the  chief  objections  to  any  artificial  system 
of  ventilation  is  that,  no  matter  how  well  it  is  planned, 
its  success  is  dependent  upon  the  degree  of  faithful- 
ness with  which  the  fans  are  operated.  The  almost 
universal  experience  is  to  find  the  hotel  management 
stopping  the  fans,  in  order  to  save  power,  coal  and 
*  money. 

A  ventilating  system  which  doesn't  ventilate  is  not 
of  much  use.  And  no  artificial  system  will  ventilate, 
if  the  fans  aren't  kept  running.  We  know  of  no  de- 
vice of  legislation  that  will  secure  this  result.  Wher- 
ever an  artificial  system  is  installed,  one  is  dependent 
on  the  good  faith  of  the  management  to  keep  it  run- 
ning. For,  it  would  take  an  army  of  inspectors  to 
enforce  such  a  requirement. 

Even  where  an  artificial  system  of  ventilation  venti- 
lates, it  cannot  provide  either  light  or  sunshine  in  the 
bath  room.  And  both  are  essential. 

If,  in  the  face  of  all  that  has  been  said  as  to  the 
undesirableness  of  "inside"  bath  rooms  in  hotels,  it 
is  desired  as  a  matter  of  expediency  to  permit  them, 
the  following  Concession  is  suggested.  Add  at  the 
close  of  the  section  the  following: 

Concession  CONCESSION:  "The  above  provisions  shall  not  apply 
to  hotels  hereafter  erected,  as  defined  in  paragraph  four  of 
section  two,  which  have  a  system  of  forced  ventilation  so 
constructed  and  operated  as  to  entirely  change  the  air  in 
every  bath  room  and  water-closet  compartment  once  in 
every  seven  minutes/' 

No  such  concession  should  for  a  moment  be  con- 
sidered for  anything  but  the  modern  high-class  hotel. 
Some  architects  may  want  to  adopt  the  same  system 
in  high-class  apartment  houses.    This  should  not  be 
150 


§37 


LIGHT   AND    VENTILATION 


tolerated.  No  city  in  America  permits  this,  or  has  per- 
mitted it  for  20  years  or  more.  Even  New  York  with 
its  excessive  land  occupation,  its  high  land  values,  and 
its  host  of  sky-scrapers  has  never  permitted  it.  There, 
even  in  apartment  houses  1 50  feet  high,  where  every 
bed  room  has  its  private  bath  room,  bath  rooms  have 
to  be  "outside,"  or  on  the  outer  wall  of  the  building. 
If  this  can  be  successfully  required  in  New  York,  it  is 
surely  a  standard  that  can  be  easily  maintained  in  all 
other  cities  of  America. 

NOTE  4:  It  should  be  noted  that  the  minimum  area 
of  window  space  required  is  6  square  feet.  The  prac- 
tice heretofore  has  been  to  construct  windows  of 
bath  rooms  and  water-closet  compartments  too  small. 
Such  small  windows  do  not  afford  sufficient  light  or 
ventilation.  There  is  no  difficulty  at  all  in  construct- 
ing larger  windows.  It  is  simply  a  case  of  following 
the  custom.  From  an  architectural  point  of  view  the 
appearance  of  the  front  of  the  building  is  greatly  im- 
proved by  having  the  bath  room  windows  correspond 
to  the  other  windows  of  the  dwelling  in  size  and  ar- 
rangement. This  is  easily  possible  as  bath  rooms  are 
always  of  sufficient  width  to  permit  it.  The  extra 
cost  is  but  slight,  as  windows  are  generally  as  cheap  as 
wall.  This  section  does  not  permit  any  window  less 
than  3  square  feet.  It  requires  6  square  feet  of  win- 
dow surface  in  the  bathroom  or  water-closet.  The 
required  window  area  may  be  in  one  window  or  in  two. 

NOTE  5:  In  hotels  and  similar  multiple  dwellings 
it  is  quite  common  to  have  general  toilet  rooms  on  the 
ground  floor,  or  in  the  basement  or  cellar,  or  on  some  of 
the  upper  stories  for  the  use  of  guests  and  the  public. 


FIGURE  29 

Unless  special  provision  were  made  in  this  section, 
as  is  done  in  this  sentence,  it  would  not  be  possible 
151 


A    MODEL    HOUSING    LAW  §38 

to  have  these  general  toilet  rooms,  as  each  water- 
closet  compartment  would  have  to  be  provided  with 
a  separate  window.  This  is  not  necessary  where  a 
general  toilet  room  is  adequately  lighted  and  ven- 
tilated to  the  outer  air  and  where  the  individual 
toilet  compartments  are  separated  by  dwarf  partitions. 
This  exception  as  to  the  method  of  lighting  and  ven- 
tilating water-closet  compartments  in  no  way  affects 
the  requirement  that  in  certain  kinds  of  multiple 
dwellings,  namely,  tenement  houses,  flats,  and  apart- 
ment houses,  each  family  shall -have  its  own  private 
water-closet  located  within  the  apartment.  This  is 
governed  by  the  provisions  of  Section  47. 

NOTE  6:  It  frequently  happens,  especially  in  the 
case  of  hotels,  that  it  is  desired  to  locate  a  group  of 
water-closets  at  the  bottom  of  a  court  which  is  covered 
over  on  the  ground  floor  in  this  way  and  using  as  a 
roof  to  the  water-closet  compartment  a  ventilating 
skylight.  Such  a  method  of  construction  will  pro- 
vide adequate  light  and  ventilation  and  should  be 
permitted. 

§  38.  PUBLIC  HALLS.1  In  every  dwelling  hereafter  erected 
every  public  hall  shall  have  at  each  story  at  least  one  window 
opening  directly  upon  the  street  or  upon  a  yard  or  court 
of  the  dimensions  specified  in  this  article  and  located  on 
the  same  lot.  Such  window  shall  be  at  the  end3  of  said 
hall  with  the  natural  direction2  of  the  light  parallel  to  the 
hall's  axis.  Any  part  of  a  public  hall  which  is  offset  or 
recessed4  or  shut  off  from  any  other  part  of  said  hall  shall 
be  deemed  a  separate  hall  within  the  meaning  of  this  sec- 
tion and  shall  be  separately  lighted  and  ventilated. 

Explana-  NOTE  i :   The  evils  of  dark  public  halls,  especially 

tion  in  tenement  houses,  can  hardly  be  overstated.     Dark- 

ness and  dirt  usually  go  hand  in  hand.  This  is  es- 
pecially true  of  the  public  parts  of  a  building  used 
in  common  by  many  individuals  and  with  the  re- 
sponsibility for  their  care  divided  among  several 
people.  Where  the  light  streams  in,  conditions  of 
filth  are  seldom  found  as  people  are  ashamed  of  such 
conditions  when  they  are  visible  to  themselves  and 
to  others.  From  the  point  of  view  of  danger  from  the 
spread  of  communicable  disease,  light  public  halls  are 
152 


§38  LIGHT   AND   VENTILATION 

equally  necessary.  The  germs  of  tuberculosis  cannot 
live  in  strong  sunlight  more  than  a  few  moments,  but 
have  singular  persistency  in  damp  or  dark  places  and 
live  for  a  long  time.  From  the  point  of  view  of  pub- 
lic morals,  dark  public  halls  are  equally  objectionable. 
To  them  are  directly  traceable  in  numerous  instances 
cases  of  grave  immorality.  Being  open  to  the  street 
as  they  are  in  the  ordinary  tenement  house,  they  are 
entered  by  tramps  and  other  irresponsible  persons 
and  all  sorts  of  nuisances  are  frequently  committed. 

NOTE  2:  The  phrase  "natural  direction  of  the 
light"  may  seem  puzzling  at  first.  In  the  case  of 
light  coming  from  an  inner  court  there  is  no  natural 
direction  of  the  light,  as  all  the  light  comes  over  the 
roof.  In  the  case  of  an  outer  court,  however,  the 
natural  direction  of  the  light  is  a  line  parallel  to  the 
axis  of  the  court;  that  is,  at  right  angles  to  the  open 
end  of  the  court. 

NOTE  3:  This  provision  will  be  held  to  be  drastic 
by  architects  who  are  planning  hotels,  as  the  effect  of 
it  is  to  require  a  window  at  the  end  of  the  public  hall 
so  that  the  light  and  air  may  stream  through  all  its 
parts,  instead  of  permitting  a  window  at  one  side. 
The  reason  for  this  is  that  the  light  that  is  thus  re- 
ceived will  light  only  a  short  part  of  the  hall,  nor  will 
such  a  window  permit  free  movement  of  the  air. 
What  is  desired  is  light  that  will  light  every  portion  of 
the  hall,  and  ventilation  which  will  permit  the  air  to 
blow  through  the  hall  and  blow  out  all  foul  odors  and 
completely  renew  the  air.  This  is  especially  neces- 
sary in  hotels  where  the  public  halls,  as  a  rule,  re- 
ceive the  foul  air  from  the  numerous  bedrooms  open- 
ing upon  them.  Owing  to  the  transient  nature  of  the 
occupancy  of  hotel  rooms  and  the  increased  danger  of 
the  transmission  of  communicable  disease,  the  public 
hall  becomes  a  special  danger-point  in  buildings  of  this 
class.  Heretofore  the  usual  type  of  public  hall  in 
the  high-class  hotel  has  been  one  that  is  quite  dark, 
depending  chiefly  on  electric  light  for  its  light  and 
on  artificial  ventilation  for  its  air.  Such  halls  are  as 
a  rule  stuffy  and  filled  with  odors.  Recently  hotel 
proprietors  have  begun  to  see  the  unwisdom  of  this 
type  of  construction  and  are  providing  better  lighting 
and  ventilation.  The  diagram  on  the  next  page  shows 
the  method  of  lighting  and  ventilating  public  halls  made 

153 


A    MODEL    HOUSING    LAW 


§38 


compulsory  by  this  section  (Figure  30),  while  Figure 
31  illustrates  the  method  of  side  lighting  which  is 
frequently  employed  and  which  is  forbidden  by  this 
section. 


IV/ATORS 


XIXH 

ROOM 

PUBLIC  HALL 

ROOM 

[j  PUBLIC  HALL 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

' 
As  IT  SHOULD  BE 

FIGURE  30 


STREET  OR  COURT  $  ^ 

EVATOK5 

XMH 

*OOM 

STREET 

PUBLIC  HALL 

ROOM 

EOOM 

PUBLIC  HALL 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM 

ROOM, 

ROOA\ 

ROOAV 

ROOM 

ROOM 

ROOM 

1 

S 

PUBLIC  HALL 

I 

1 

o 

£ 

| 

1 

£ 

STREET 

THE  USUAL    HOTEL  CORRIDOR 
UNLAWFUL 

FIGURE  31 


NOTE  4:  Particular  objection,  especially  in  the  case 
of  hotels,  will  be  made  to  the  last  sentence  of  this  sec- 
tion which  requires  any  portion  of  a  public  hall  run- 
ning at  an  offset  from  the  main  hall  to  be  treated  as  a 
separate  hall  and  to  be  separately  lighted  and  ven- 
tilated. In  the  case  of  hotels  this  involves  a  sacrifice 
of  floor  space,  as  is  at  once  seen  by  reference  to 
the  diagrams.  Figure  31  shows  the  ordinary  type 
of  public  hall  frequently  found  in  the  modern  high- 
class  hotel.  It  will  be  seen  that  even  where  the  main 
hall  is  properly  lighted  and  ventilated  by  a  window 
at  the  end,  there  are  what  may  be  termed  side  corri- 
dors giving  access  to  numerous  rooms  which  run  in  a 
direction  at  right  angles  to  the  main  corridor  and 
which  have  no  means  of  light  and  ventilation  other 
than  artificial  ones.  It  is  definitely  intended  by  this 
section  to  make  this  type  of  construction  impossible 
in  the  future. 

It  will  at  once  be  seen  that  this  involves  a  material 

154 


§  38  LIGHT   AND    VENTILATION 

sacrifice  of  floor  space,  yet  if  we  are  to  have  really 
proper  ventilation  and  lighting  of  public  halls  in 
hotels  nothing  else  can  be  permitted. 

These  considerations  will  not  be  found  to  apply  to 
the  same  extent  in  other  classes  of  buildings;  in  the 
case  of  both  apartment  houses  and  tenement  houses, 
the  plan  will  naturally  be  so  arranged  as  to  do  away 
with  long  public  halls  because  of  the  waste  of  space 
involved  in  such  arrangement.  In  private  dwellings 
and  two-family  houses  there  will  be  no  public  halls; 
the  halls  will  be  private  halls  and  this  section  will 
therefore  not  apply  to  them. 

If  it  is  desired  to  make  concessions  to  the  persons 
interested  in  building  hotels  the  following  modification 
can  be  employed,  although  any  change  in  this  respect 
is  advised  against.  Add  at  the  end  of  the  section  the 
following: 

CONCESSION  i :   "This  section  shall  not  apply  to  hotels  Concession 
hereafter  erected,  as  defined  in  paragraph  four  of  section 
two,  provided  the  public  halls  are  lighted  by  electric  light 
and  ventilated  adequately  by  a  system  of  forced  venti- 
lation." 

NOTE  5 :  If  it  is  not  desired  to  go  as  far  as  this,  but 
to  require  some  ventilation  to  the  outer  air  and  yet  ob- 
viate the  disadvantages  of  loss  of  rentable  floor  space 
resulting  from  the  requirement  that  the  window  shall 
be  at  the  end  of  the  hall,  the  following  Concession  will 
undoubtedly  be  approved  by  those  opposing  the  re- 
quirement as  originally  written.  If  it  is  desired  to 
make  similar  concessions  in  the  case  of  high-class  apart- 
ment houses,  this  Concession  2  will  be  found  most 
adapted  to  that  purpose. 

CONCESSION  2:  "In  the  case  of  hotels  hereafter  erected,  Concession 
as  defined  in  paragraph  four  of  section  two,  in  lieu  of  the 
requirement  for  one  window  at  the  end  of  each  hall,  there 
may  be  windows  located  at  the  side  of  such  hall,  provided 
there  shall  be  at  least  one  such  window  in  every  twenty 
feet  in  length  or  fraction  thereof  of  said  hall;  and  each 
such  window  shall  open  directly  upon  the  street  or  upon  a 
yard  or  court  of  the  dimensions  specified  in  this  article  and 
located  on  the  same  lot." 

155 


A    MODEL    HOUSING    LAW  §  39 

§  39.  WINDOWS  AND  SKYLIGHTS  FOR  PUBLIC  HALLS.  In 
every  multiple-dwelling1  hereafter  erected  one2  at  least  of 
the  windows  provided  to  light  each3  public  hall  or  part 
thereof,  located  as  required  by  section  thirty-eight,  shall 
be  at  least  TWELVE  square  feet  in  area  measured  between 
stop-beads.  In  every  multiple-dwelling  hereafter  erected 
there  shall  be  in  the  roof  directly  over  each  stairwell,  a 
ventilating  skylight4  provided  with  ridge  ventilators  having 
a  minimum  opening  of  FORTY  square  inches,  or  such 
skylight  shall  be  provided  with  fixed  or  movable  louvres.5 

Explana-  NOTE  i :  It  should  be  observed  that  this  provision 

for  ventilating  skylights  applies  only  to  public  halls. 
It  also  does  not  apply  in  the  case  of  private  dwellings 
and  two-family  dwellings. 

NOTE  2:  This  provision  does  not  prevent  any  num- 
ber of  windows  of  a  less  size  than  the  size  prescribed 
if  it  is  desired  to  have  round,  oval,  or  other  -shaped 
windows  for  architectural  effect.  All  that  it  requires 
is  that  there  shall  be  at  least  one  window  of  the  re- 
quired size  in  each  public  hall. 

NOTE  3 :  This  limitation  as  to  minimum  size  applies 
to  each  public  hall;  that  is,  to  the  hall  at  every  story. 

NOTE  4:  It  may  be  thought  by  some  that  if  a  pub- 
lic hallway  is  thus  adequately  provided  with  windows, 
a  ventilating  skylight  in  the  roof  is  unnecessary.  This 
view  is  erroneous.  A  ventilating  skylight  is  needed 
in  addition  to  the  window  ventilation  for  two  reasons. 
First,  in  tenement  houses  and  also  in  many  flats, 
apartment  houses,  and  even  in  hotels,  hall  windows 
will  not  always  be  left  open  with  sufficient  frequency 
to  renew  the  air.  The  ventilating*  skylight  insures 
always  a  certain  amount  of  ventilation  and  the  carry- 
ing off  of  the  vitiated  air.  Second,  the  ventilating 
skylight  is  an  important  element  in  case  of  fire  as  it 
will  allow  the  smoke  and  flames  to  be  vented  at  the 
roof  and  will  thus  have  a  tendency  to  prevent  the  fire 
from  "mushrooming"  out  on  each  floor  and  spreading 
laterally  into  the  apartments  and  rooms. 

NOTE  5 :  It  will  not  do  to  require  the  louvres  in  the 
skylight  to  be  fixed  because  in  the  case  of  a  steam- 
heated  hall  this  would  mean  the  loss  of  all  the  heat. 
The  law  gives  the  owner  the  option  of  using  either 
fixed  or  movable  louvres.  The  louvre  is  a  slat  sim- 


§4O  LIGHT    AND    VENTILATION 

ilar  to  those  often  seen  in  a  church  belfry.  The 
amount  of  opening  of  40  square  inches  provided  in  the 
ridge  ventilator  will  be  found  to  be  very  small  and 
will  not  in  any  way  interfere  with  the  plan  of  maintain- 
ing steam-heated  halls  where  that  is  desired,  and  yet 
this  amount  of  opening  will  insure  a  certain  amount  of 
continuous  and  permanent  ventilation  of  the  hall. 

§40.  WINDOWS  FOR  STAIR  HALLS,  SIZE  or.1  In  every 
multiple-dwelling  hereafter  erected  there  shall  be  provided 
for2  each  story  at  least  one3  window  to  light  and  ventilate 
each  stair  hall  which  shall  be  at  least  TWELVE  square 
feet  in  area,  measured  between  the  stop-beads  and  shall 
open  on  the  open  spaces  required  by  section  thirty-eight. 
A  sash  door,4  opening  on  similar  open  spaces,  shall  be 
deemed  the  equivalent  of  a  window  in  this  and  the  two 
foregoing  sections,  provided  that  such  door  contains  the 
amount  of  glazed  surface  prescribed  for  such  windows. 

NOTE  i :  This  provision  applies  to  stair  halls  and  is  Explana- 
intended  to  secure  separate  and  adequate  means  of  tion 
lighting  all  stair  halls  irrespective  of  the  means  of 
lighting  and  ventilation  provided  for  the  public  halls. 
The  same  considerations  which  apply  to  the  mainten- 
ance of  light  conditions  in  public  halls  apply  equally 
to  stair  halls  with  the  additional  fact  that  a  light  stair 
hall  is  essential  if  the  stairs  are  to  be  used  as  a  means 
of  egress  in  case  of  fire. 

NOTE  2:  It  should  be  noted  that  this  requirement 
does  not  necessitate  the  window  of  the  stair  hall  being 
at  or  on  each  story,  but  there  must  be  one  such 
window  for  each  story;  that  is,  the  window  may  be 
on  the  stair  landing,  half  way  between  the  two  stories 
throwing  its  light  both  up  and  down  the  stairs.  This 
is  an  excellent  type  of  construction  and  should  be  per- 
mitted. 

NOTE  3 :  This  provision  does  not  interfere  with  the 
use  of  small  oval,  round  or  other  irregular-shaped 
windows  that  may  be  desired  for  architectural  treat- 
ment. All  that  it  requires  is  that  at  least  one  window 
for  each  story  shall  be  of  the  minimum  size  provided. 

NOTE  4:  It  is  often  desired  to  use  a  French  window 
treatment  for  architectural  effect,  also  to  use  sash 
doors.  Both  of  these  forms  of  construction  should  be 

157 


A    MODEL    HOUSING    LAW  §4! 

permitted  provided  the  adequate  amount  of  lighting 
and  ventilation  can  be  secured. 

NOTE  5:  If  it  is  desired  to  make  concessions  to 
hotels  as  outlined  in  Section  38,  then  the  following 
Concession  should  be  added  here  to  the  end  of  this 
section. 

Concession  CONCESSION:  "This  section  shall  not  apply  to  hotels 
hereafter  erected,  as  defined  in  paragraph  four  of  section 
two,  provided  the  stair  halls  are  lighted  by  electric  light 
and  ventilated  adequately  by  a  system  of  forced  ventila- 
tion, and  that  such  lighting  is  maintained  both  day  and 
night." 

§  41 .  OUTSIDE  PORCHES. l  In  dwellings  hereafter  erected 
outside  porches  shall  not  be  so  located  or  constructed  as  to 
interfere  with  or  diminish  the  light  or  ventilation  re- 
quired by  this  act.  -  The  term  "outside  porches"  shall 
include  outside  platforms,  balconies  and  stairways.  All 
such  outside  porches  shall  be  considered  as  part  of  the 
building  and  not  as  part  of  the  yards  or  courts  or  other 
unoccupied  area.2 

Explana-  NOTE  i:    In  a  number  of  cities  the  outside  porch 

has  become  more  or  less  of  a  fixed  habit.  Such 
porches  on  the  ground  floor  at  the  front  or  rear  of  a 
private  dwelling  are  as  a  rule  unobjectionable.  Al- 
though they  do  to  some  extent  darken  the  rooms  from 
which  they  open,  there  are  in  such  houses  as  a  rule 
other  windows  for  the  rooms  in  question  additional 
to  those  required  by  law.  It  will  of  course  not  do  to 
prohibit  outside  porches.  Wheji  extended  up  in  the 
air,  however,  the  outside  porch  becomes  a  serious  evil. 
This,  unfortunately,  has  become  a  firmly  established 
type  of  construction  in  a  number  of  cities,  both  in  the 
case  of  two-family  dwellings  and  also  in  tenements 
and  flats.  It  is  a  common  feature  of  the  "three- 
decker,"  which  is  usually  provided  with  a  system  of 
outside  wooden  balconies  connected  with  wooden 
stairs  at  the  rear  of  the  building.  The  type  is  objec- 
tionable from  a  number  of  points  of  view.  In  the 
first  place,  the  wooden  balconies  frequently  extend  so 
far  from  the  rear  wall  of  the  building  that  they  greatly 
darken  the  living  rooms  opening  upon  them,  thus 

.58 


41  LIGHT   AND   VENTILATION 

creating  one  or  more  dark  or  dim  rooms  on  each  floor. 
They  are  also  very  unsightly  as  they  become  a  sort  of 
"lumber  room"  and  have  stored  on  them  the  numer- 
ous articles  that  accumulate  in  a  household.  Here 
may  be  seen  refrigerators,  rocking  horses,  step-ladders, 
pails,  baskets,  boxes,  and  so  forth.  Being  of  wood  and 
connected  with  wooden  stairs  and  containing  these 
accumulations  of  inflammable  material,  they  are  a 
distinct  source  of  danger  in  case  of  fire.  In  parts  of 
the  country  where  the  weather  is  severe  in  the  winter, 
the  outside  porches  are  frequently  enclosed  with 
glass  and  wooden  partitions  throughout  five  months 
of  the  year  and  in  some  cities  are  kept  enclosed  prac- 
tically throughout  the  year.  The  result  is  that  the 
rooms  from  which  they  open,  which  were  erected  as 
outside  rooms  and  intended  to  have  direct  sunlight 
and  fresh  air,  are  deprived  of  both. 

The  one  advantage  claimed  for  this  type  of  con- 
struction is  that  it  enables  people  to  sleep  out  of  doors 
and  to  live  out  of  doors  more  than  they  otherwise 
would.  This  is  to  some  extent  true.  Careful  obser- 
vation, however,  does  not  bear  out  the  contention 
that  these  balconies  are  used  to  any  great  extent  as 
sleeping  porches  nor  do  the  members  of  the  household 
use  them  much  for  living  purposes  in  the  day  time  ex- 
cept in  the  hottest  summer  months. 

It  is  obvious  that  there  is  little  use  in  setting  down 
in  the  law  with  minute  care  the  sizes  of  open  spaces 
upon  which  rooms  may  open  and  the  minimum  di- 
mensions of  the  rooms  themselves  in  order  to  furnish 
proper  light  and  ventilation  to  the  people  living  in 
them,  if  at  the  same  time  it  is  possible  to  render  nuga- 
tory all  of  these  effects  by  the  erection  on  the  outside 
of  the  building  of  what  is  practically  another  room, 
shutting  off  light  and  air  and  thus  turning  outside 
rooms  into  inside  rooms  with  neither  proper  light  nor 
ventilation. 

It  should  be  observed  that  this  section  does  not 
prohibit  the  use  of  outside  porches  or  stairs,  but  does 
require  that  they  shall  not  interfere  with  the  lighting 
and  ventilation  of  rooms  and  halls. 

NOTE  2:  If  Concession  i  noted  in  Subdivision  16 
of  Section  2  is  made,  the  following  Concession  should 
be  made  here.  In  the  last  sentence  after  the  word 
"porches"  insert  a  comma  and  add  the  following: 

159 


A    MODEL    HOUSING    LAW 


4IA 


Concession 


CONCESSION:    "except  as  otherwise  provided  in   sub- 
division sixteen  of  section  two," 


Variation 


WALL-BEDS.  In  recent  years  there  has  been  coming  into 
vogue  in  a  few  cities — fortunately  as  yet  only  in  a  few 
and  to  a  very  limited  degree — a  type  of  house  which  is 
fraught  with  very  great  social  and  civic  consequences. 
This  is  the  so-called  "kitchenette  apartment" — a  building 
in  which  rooms  are  rented  out  singly  or  as  "two  rooms 
and  bath."  By  utilizing  a  folding  bed  which  disappears 
into  a  specially  prepared  "hole  in  the  wall/'  one  room  is 
made  to  serve  as  two  and  sometimes  as  four.  It  serves 
as  parlor  and  dining  room  by  day  and  bedroom  by  night. 
Ingenious  devices  have  been  invented  by  which  the  fold- 
ing bed  is  camouflaged  as  a  mantelpiece  in  one  case,  in 
another  as  a  sideboard  or  china  cabinet  or  book-case.  In 
some  instances  the  bed  swings  up  into  a  pocket  in  the  ceil- 
ing, but  generally  into  a  closet  in  the  wall.  Very  recently, 
a  new  form  of  revolving  closet  has  been  devised  which 
turns  on  a  sort  of  turnstile  device  so  that  one  side  of  it 
serves  as  the  space  for  the  disappearing  bed,  another  serves 
as  a  kitchen  cabinet,  a  third  as  a  dining  room  dresser,  and 
the  fourth  as  a  living  room  book-case. 

Irrespective  of  the  broad  question  of  social  policy  that 
is  involved  in  the  development  of  these  types  of  homeless 
homes,  there  are  sanitary  evils  that  are  involved  in  the 
wall-bed  that  should  be  dealt  with.  Beds  folded  into  a 
dark  pocket  in  the  wall  with  all  their  bedding  soon  become 
unsanitary  and  a  breeding  place  of  vermin.  The  least  re- 
quirement that  can  be  imposed  is  to  insist  that  the  bed- 
closet  shall  be  ventilated  to  the  outer  air. 

If  it  is  desired  to  enact  such  a  requirement  the  following 
Variation  is  suggested: 

VARIATION:  §  41  A.  WALL-BEDS.  In  every  dwelling 
hereafter  erected  every  closet  or  other  space  used  to  re- 
ceive a  bed  or  device  for  sleeping,  shall  have  at  least  one 
window  of  such  size  and  opening  as  provided  for  water- 
closets  and  bath  rooms  in  section  thirty-seven. 

1 60 


§§42,43 


SANITATION 


TITLE  2 
SANITATION 

§  42.  CELLAR  ROOMS.-  In  dwellings  hereafter  erected  no 
room  in  the  cellar  shall  be  occupied  for  living  purposes. 

NOTE:  Outside  of  the  city  of  New  York  there  is  no  £xpiana. 
city  in  the  United  States  where  it  is  necessary  be- 
cause of  high  land  values  and  the  pressure  of  popula- 
tion to  permit  new  dwellings  to  be  constructed  with 
living  accommodations  in  the  cellar.  Even  under 
the  best  conditions  cellar  dwellings  are  injurious  to 
humanity  and  should  not  be  tolerated  in  future  build- 
ings. Cellars  should  be  clearly  differentiated  from 
basements.  For  further  discussion  of  this  matter 
see  notes  under  Section  2,  Subdivision  13. 

§  43.  BASEMENT  ROOMS.  In  dwellings  hereafter  erected 
no  room  in  the  basement  shall  be  occupied  for  living  pur- 
poses, unless  in  addition  to  the  other  requirements  of  this 
act  such  room  shall  have  sufficient  light  and  ventilation, 
shall  be  well-drained  and  dry,  and  shall  be  fit  for  human 
habitation. 

NOTE:  In  the  laws  of  some  cities  and  states  in  the 
past,  elaborate  conditions  have  been  prescribed  with 
•  regard  to  the  occupancy  of  basement  rooms,  certain 
fixed  standards  having  been  imposed  as  to  the  height 
of  ceiling  above  the  adjoining  ground,  the  presence  of 
an  areaway  in  front  of  the  room  and  certain  other 
conditions.  It  does  not  seem  necessary  to  impose 
these  conditions  upon  basement  rooms,  provided  they 
comply  with  the  other  provisions  of  the  act  and  in 
addition  have  sufficient  light  and  ventilation,  are  well 
drained  and  dry,  and  are  fit  for  human  habitation. 
If  the  rooms  are  basement  rooms,  their  ceilings  must  be 
at  least  one-half  of  their  height  above  the  adjoining 
ground.  Under  the  provisions  of  Section  34,  the 
rooms  must  be  at  least  8  feet  high,  and  under  the  pro- 

"  161 


Explana- 


A    MODEL    HOUSING    LAW  §44 

visions  of  other  sections  of  the  act  every  such  room 
must  open  directly  upon  the  outer  air  and  be  of  a  cer- 
tain minimum  size.  The  sole  value  of  this  section, 
therefore,  is  to  give  to  the  enforcing  officials  a  "drag- 
net" power  to  interfere  with  the  construction  and  oc- 
cupancy of  basement  rooms  that  may  not  be  fit  for 
human  habitation  even  though  they  may  comply 
with  the  other  provisions  of  the  act. 

§44.  CELLARS,  WATER-PROOFING  AND  LIGHTING.1  Every 
dwelling  hereafter  erected  shall  have  a  basement,  cellar 
or  excavated  space  under  the  entire  lowest  floor,  at  least 
THREE  feet  in  depth,  or  shall  be  elevated  above  the 
ground  so  that  there  will  be  a  clear  air  space  of  at  least 
TWENTY-FOUR  INCHES  between  the  top  of  the  ground 
and  the  bottom  of  said  floor  so  as  to  insure  ventilation  and 
protection  from  dampness.  Such  space  shall  in  all  cases 
be  enclosed  but  provided  with  ample  ventilation  and  prop- 
erly drained.  In  every  dwelling  hereafter  erected  all  walls 
below  the  ground  level  and  also  the  cellar  or  lowest  floor 
shall  be  damp-proof  and  water-proof.  No  special  water- 
proofing shall  be  required  except  where  soil  conditions 
make  it  necessary.2  When  necessary  to  make  such  walls 
and  floors  damp-proof  and  water-proof,  the  damp-proofing 
and  water-proofing  shall  run  through  the  walls  and  up  the 
same  as  high  as  the  ground  level  and  shall  be  continued 
throughout  the  floor,  and  the  said  cellar  or  lowest  floor 
shall  be  properly  constructed  so  as  to  prevent  dampness 
or  water  from  entering.  All  cellars  and  basements  in  dwell- 
ings hereafter  erected  shall  be  properly  lighted3  and  venti- 
lated. 

p     ,  NOTE  i :  Some  of  the  worst  conditions  encountered 

in  cities  and  especially  in  suburban  and  rural  com- 
munities, arise  from  the  practice  in  building  small 
houses  of  setting  them  directly  on  the  ground.  This 
results  in  conditions  of  dampness  which  seriously 
affect  the  health  of  the  occupants  who  constantly 
suffer  from  "rheumatism"  and  other  diseases.  In 
many  sections  during  the  stormy  weather  these  rooms 
become  flooded  and  the  tenants  are  caused  to  suffer 
162 


§44 


SANITATION 


not  only  great  discomforts  and  inconvenience  but 
often  serious  injury  to  health.  This  requirement  is 
to  obviate  this  situation.  It  should  be  noted  that  a 
cellar  is  not  required  in  every  case.  Where  a  cellar 
is  not  provided,  however,  the  building  must  be  lifted 
above  the  ground  at  least  2  feet  so  as  to  prevent  damp- 
ness. This  space  is  required  to  be  enclosed  chiefly 
to  prevent  it  from  becoming  a  gathering  space  for 
waste  materials  of  various  kinds  but  at  the  same 
time  the  space  is  required  to  be  left  sufficiently  open 
by  means  of  grilles  or  latticework  or  in  some  other  way 
so  that  it  may  be  properly  ventilated. 

NOTE  2:  The  requirement  that  the  walls  below  the 
ground  level  shall  be  damp-proof  and  water-proof  is 
frequently  misunderstood  and  thought  to  mean  that 
some  special  system  of  damp-proofing  or  water-proofing 
shall  be  applied.  This  is  not  so.  Where  the  natural 
soil  conditions  are  such  as  to  insure  freedom  from 
dampness  in  walls  and  floor,  no  special  methods  of 
damp-proofing  are  necessary,  but  where  the  soil  con- 
ditions are  not  of  this  nature  then  appropriate  pre- 
cautions must  be  taken  to  prevent  dampness  in  the 


CONCCETT-E 
^-THREF  PLY 
ATER  PROOFING, 


FIGURE  32 
DAMP-PROOFING  OF  WALLS  AND  FLOORS 

walls  and  lowest  floor.  The  methods  of  damp-proof- 
ing that  are  most  frequently  employed  where  it  is 
necessary  to  do  such  work  are  very  simple  and  con- 
sist of  courses  of  tar  paper  and  hot  tar  properly  ap- 
plied. There  are  also  other  methods  commercially 
in  use  that  are  quite  wellknown.  There  is  no  diffi- 


A    MODEL    HOUSING    LAW  §  45 

culty  in  making  cellar  walls  and  floors  damp-proof 
by  such  methods  except  in  cases  where  there  is  water 
pressure  below,  due  to  tidal  effect.  In  such  cases  the 
problem  becomes  somewhat  complicated.  It  is  neces- 
sary then  to  keep  the  water  out  by  weighting  it  down 
by  means  of  inverted  arches  or  other  devices;  but 
the  ordinary  housing  reformer  will  not  encounter 
this  contingency  in  one  case  out  of  ten  thousand. 
The  diagram  on  the  preceding  page  shows  the  method 
of  damp-proofing  employed  where  it  is  necessary  to 
use  any  process. 

NOTE  3:  The  requirement  that  cellars  and  base- 
ments shall  be  properly  lighted  and  ventilated  is  of 
great  importance.  In  the  case  of  the  dwellings  of  the 
poor  the  three  danger  points  are  the  water-closets, 
public  halls  and  cellars;  that  is,  the  parts  of  the  build- 
ing used  in  common  and  for  which  no  single  individual 
is  as  a  rule  responsible.  Cellars  are  a  special  danger 
point  and  are  apt  to  become  filled  with  waste  material 
of  various  kinds,  the  accumulation  of  which  is  in- 
jurious both  to  the  health  and  safety  of  the  occupants. 
This  situation  is  likely  to  occur  where  cellars  are  not 
properly  lighted.  A  large  proportion  of  tenement 
house  fires  originate  in  such  cellars.  The  health  of 
the  occupants  also  is  bound  to  suffer  materially  from 
living  over  cellars  which  are  not  properly  ventilated. 
Dampness  is  very  likely  to  result  from  such  a  con- 
dition and  the  building  is  likely  to  be  filled  with 
unpleasant  and  unhealthful  odors. 

In  order  not  to  restrict  the  architect  unnecessarily 
in  the  planning  of  his  building,  it  has  not  been  at- 
tempted to  lay  down  any  precise  and  exact  method  of 
lighting  and  ventilating  the  cellar  which  must  be  em- 
ployed. This  is  left  to  the  enforcing  officials  who  can 
be  counted  upon  to  see  that  the  cellar  is  properly 
lighted  and  ventilated. 

§45.  COURTS,  AREAS  AND  YARDS.1  In  every  dwelling 
hereafter  erected  all  courts,  areas  and  yards  shall  be  prop- 
erly graded  and  drained,3  and  when  required  by  the  health 
officer  they  shall  be  properly  concreted2  in  whole  or  in  part 
as  may  be  appropriate. 

Explana-  NOTE  i :  The  purpose  of  this  requirement  is  to  in- 

sure  adequate  drainage  and  to  keep  water  from  stand- 
164 


§  45  SANITATION 

ing  in  puddles  in  the  yards  or  from  seeping  into  the 
walls  of  the  building,  thus  creating  conditions  of 
dampness  in  the  cellar  and  other  lower  portions.  In 
some  laws  it  is  required  that  yards,  areas,  and  courts 
shall  extend  down  below  the  level  of  the  cellar  floor 
and  be  connected  with  the  street  sewer.  In  many 
cities,  however,  this  is  seriously  objected  to  as  unnec- 
essary expense,  requiring  as  it  would,  the  excavation 
of  the  yard  down  to  this  lower  level.  It  is  also  the 
custom  in  many  cities  to  discharge  the  rain  water 
from  the  house  leaders  directly  on  the  ground,  as 
the  expense  of  conducting  this  to  the  street  sewer 
is  felt  to  be  unnecessarily  onerous.  It  is  believed  that 
the  provision  as  written  in  this  section  will  meet  the 
situation  in  most  cases  and  will  do  so  with  a  minimum 
of  friction. 

NOTE  2 :  It  will  not  do  to  require  yards,  courts,  and 
areas  to  be  concreted  throughout,  as  in  most  cases  it 
is  desired  to  have  such  yards  treated  with  grass  plots 
and  flower  gardens.  There  are,  however,  numerous 
instances  where  this  treatment  is  not  had  and  where 
it  is  desirable  from  the  point  of  view  of  proper  drain- 
age and  cleanliness  to  have  the  yard  concreted.  In 
such  cases  the  health  officer  will  be  empowered  under 
this  section  to  make  this  requirement. 

NOTE  3:  If  it  is  desired  to  stiffen  this  section  and 
impose  more  stringent  requirements,  the  following 
variation  is  suggested.  Insert  at  the  beginning  of  this 
section,  after  the  caption,  the  following: 

VARIATION    i:    ''In   every  dwelling  hereafter  erected  Variation 
where  courts,  areas  or  yards  extend  to  the  basement  or 
cellar,  a  portion  of  such  court,  area  or  yard  not  less  than 
two  feet  wide  shall  extend  down  below  the  floor  level  of 
said  basement  or  cellar." 

NOTE  4:  If  it  is  desired  to  require  that  such  open 
spaces  shall  be  connected  with  the  street  sewer,  the 
following  variation  is  suggested.  After  the  words 
"graded  and  drained"  in  the  original  section,  insert 
the  following: 

VARIATION  2:   "and  connected  with  the  street  sewer  so  yarjaljon 
that  all  water  may  pass  freely  into  it" 

165 


A    MODEL    HOUSING    LAW  §§  46,  47 

§  46.  WATER-SUPPLY. l  In  every  dwelling  hereafter 
erected,  when  water  mains  are  reasonably  accessible  as 
provided  in  section  nine  of  this  act,  there  shall  be  a  proper 
sink  or  wash-bowl  with  running  water,  exclusive  of  any 
sink  in  the  cellar.2  In  two-family  dwellings  and  in  mul- 
tiple-dwellings of  Class  A  hereafter  erected  there  shall  be 
such  a  sink  or  wash-bowl  in  each  apartment,  suite  or  group 
of  rooms.3  In  such  dwellings  of  Class  B  there  shall  be  one 
such  sink  or  wash-bowl  for  every  fifteen  occupants  or  frac- 
tion thereof. 

Explana-  NOTE  i :  This  requirement  is  for  the  purpose  of  se- 

tjon  curing  an  ample  supply  of  running  water  inside  the 

dwelling  in  future  buildings  and  to  prevent  the  un- 
sanitary conditions  which  prevail  in  many  cities  where 
in  the  older  buildings  there  is  no  water  except  such  as 
can  be  obtained  from  a  hydrant  or  pump  in  the  back 
yard.  Sometimes  there  is  but  one  hydrant  for  many 
houses. 

NOTE  2 :  The  sole  water-supply  in  future  dwellings 
should  not  be  located  in  the  cellar,  as  this  is  too  in- 
convenient a  place  for  family  use. 

NOTE  3:  In  private  dwellings  the  sink  or  wash- 
bowl may  be  located  in  any  room  or  even  in  the  hall 
of  the  house  (except  the  cellar),  but  in  two-family 
houses  and  multiple  dwellings  there  must  be  one  such 
sink  or  wash-bowl  for  each  family. 

NOTE  4:  This  section  must  be  read  in  connection 
with  Section  9.  Where  there  is  no  communal  water 
supply  in  a  community,  Section  46  will  not  apply. 

§  47.  WATER-CLOSET  ACCOMMODATIONS. l  In  every 
dwelling  hereafter  erected  when  water  mains  are  reason- 
ably accessible  as  provided  in  section  nine,  there  shall  be  a 
separate2  water-closet.  Each  such  water-closet  shall  be 
placed  in  a  compartment  completely  separated  from  every 
other  water-closet;  such  compartment  shall  be  not  less 
than  THREE  feet  wide,3  and  shall  be  enclosed  with  parti- 
tions which  shall  extend  to  the  ceiling4  and  which  shall 
not  be  of  wood  or  other  absorbent  material.  Every  such 
compartment  shall  have  a  window  opening  directly  upon 

1 66 


§  47  SANITATION 

the  street  or  upon  a  yard  or  court  of  the  minimum  sizes 
prescribed  by  this  act  and  located  upon  the  same  lot.5 
Nothing  in  this  section  contained  shall  be  construed  so  as  to 
prohibit  a  general  toilet-room6  containing  several  water- 
closet  compartments  separated  from  each  other  by  dwarf 
partitions,  provided  such  toilet-room  is  adequately  lighted 
and  ventilated  to  the  outer  air7  as  above  provided,  and  that 
such  water-closets  are  supplemental  to  the  water-closet 
accommodations  required  by  other  provisions  of  this  sec- 
tion for  the  tenants  of  the  said  dwelling.  No  drip  tray8 
shall  be  permitted  on  any  water-closet.  No  water-closet 
fixture  shall  be  enclosed.9  No  water-closet  shall  be  placed 
out  of  doors.10  No  water-closet  shall  be  placed  in  a 
cellar11  without  a  written  permit  from  the  health  officer. 
In  two-family  dwellings  and  in  multiple-dwellings  of  Class 
A  hereafter  erected  there  shall  be  for  each  family  a  separate 
water-closet  constructed  and  arranged  as  above  provided 
and  located  within  each  apartment,  suite  or  group  of 
rooms.  In  multiple-dwellings  of  Class  B  hereafter  erected 
there  shall  be  provided  at  least  one  water-closet  for  every 
FIFTEEN  occupants  or  fraction  thereof.  Every  water- 
closet  compartment  hereafter  placed  in  any  dwelling  shall 
be  provided  with  proper  means  of  lighting  the  same  at 
night.12  The  floor  of  every  such  water-closet  compart- 
ment shall  be  made  water-proof13  with  asphalt,  tile,  stone, 
terrazzo  or  some  other  non-absorbent  water-proof  material ; 
and  such  water-proofing  shall  extend  at  least  two  inches 
above  the  floor  so  that  the  said  floor  can  be  washed  or 
flushed  out  without  leaking. 

NOTE  i :   This  section  is  of  great  importance  and  Explana- 
contains  a  number  of  considerations  which  should  be  tion 
fully  understood.     In  the  first  place,  it  requires  in 
future  dwellings  that  the  water-closets  shall  be  in- 
doors.    Where  there  are  no  public  sewers,  systems 
of  cesspools  or  other  approved  form  of  sewage  dis- 
posal in  vogue  in  rural  and  suburban  communities 
will    have   to   be   adopted.     The   section   of   course 
will  not  apply  where  there  is  no  water  supply  and  must 
be  read  in  connection  with  Section  9.     In  such  case 

.67 


A    MODEL    HOUSING    LAW  §  47 

privies  will  have  to  be  tolerated  until  such  time  as 
water  supply  is  provided. 

NOTE  2:  It  is  deliberately  intended  to  prevent  in 
dwellings  and  in  tenement  houses  and  similar  residence 
buildings  any  communal  system  of  water-closets,  as 
experience  has  shown  that  they  are  always  abused. 
Each  family  is  to  have  its  own  water-closet  entirely 
within  its  own  control,  thus  insuring  freedom  from 
the  abuses  which  are  generally  found,  greatly  adding 
to  the  desirability  of  the  apartments  from  a  rental 
point  of  view,  and  materially  aiding  the  landlord  in 
placing  responsibility  for  abuses  when  discovered. 

NOTE  3 :  While  it  should  not  be  necessary  to  fix  a 
minimum  width  of  water-closet  compartment,  it  has 
been  found  necessary,  as  in  some  of  our  cities  where 
land  values  are  high,  these  compartments  have  been 
made  just  wide  enough  to  take  in  the  fixtures,  some- 
times less  than  2  feet  in  width.  Such  conditions 
should  not  be  tolerated. 

NOTE  4:  Unless  partitions  extend  to  the  ceiling 
there  cannot  be  proper  privacy  and  separation  of  the 
sexes.  This  is  essential  to  prevent  many  kinds  of 
abuse.  Wooden  partitions  are  prohibited  because  of 
their  absorbent  nature,  although  plastered,  stone, 
marble,  slate  or  metal  partitions  may  be  used. 

NOTE  5:  Each  water-closet  must  have  its  inde- 
pendent means  of  lighting  and  ventilation  and  in 
this  respect  this  section  must  be  read  in  connection 
with  Section  37.  It  should  be  noted  that  this  re- 
quirement as  to  partitions  and  the  prohibition  of  wood 
does  not  apply  to  the  case  of  a  general  toilet  room 
such  as  is  described  in  this  section  where  the  water- 
closets  are  separated  by  dwarf  partitions  which  do  not 
extend  to  the  floor  but  are  set  up  on  legs.  In  such 
case  wooden  partitions  may  be  used  without  any  ob- 
jection. 

NOTE  6:  It  is  necessary  to  provide  specifically  for 
general  toilet  rooms  such  as  are  found  in  hotels  and 
sometimes  in  stores,  especially  saloons,  located  on  the 
ground  floor  of  apartment  houses  and  tenement 
houses.  There  is  no  objection  to  this  form  of  con- 
struction, provided  these  toilets  are  supplemental  to 
those  required  for  the  use  of  the  tenants  and  are  ade- 
quately lighted  and  ventilated  to  the  outer  air. 

NOTE  7:   In  the  case  of  high-class  modern  hotels  it 

1 68 


§  47  SANITATION 

will  be  found  difficult  to  light  and  ventilate  such  toilet 
rooms  to  the  outer  air  and  architects  may  desire  to 
employ  electric  light  and  artificial  ventilation.  Such 
a  method  of  construction  is  not  desirable  even  in  the 
case  of  this  class  of  buildings  and  it  is  advised  not  to 
make  any  concession  for  them.  If,  however,  it  is 
felt  to  be  desirable  to  yield  to  the  wishes  of  these  in- 
terests, the  following  concession  may  be  made.  After 
the  words  "provided  such  toilet-room  is  adequately 
lighted  and  ventilated/'  omit  the  following: 

CONCESSION  i :  "to  the  outer  air  as  above  provided"        Concession 

NOTE  8:  Drip  trays  are  sheets  of  thin  metal  fas-  Explana- 
tened  between  the  wooden  seat  and  the  water-closet 
bowl  and  are  intended  to  catch  the  drippings  when  the 
fixture  is  used  as  a  urinal.  They  are  antiquated  and 
highly  objectionable,  as  their  effect  is  to  keep  a  stand- 
ing deposit  of  urine  close  to  the  wooden  seat  which 
soon  becomes  saturated  and  odoriferous. 

NOTE  9:  The  requirement  that  no  water-closet  fix- 
ture shall  be  enclosed  with  any  woodwork  is  in  line 
with  the  accepted  practice  in  good  plumbing  work  for 
the  past  twenty  years.  If  the  fixture  is  enclosed  the 
space  underneath  it  is  sure  to  become  dirty  and  often 
saturated  with  urine  and  other  deposits,  thus  giving 
rise  to  sanitary  evils.  If  the  space  is  left  open  it  will 
always  be  visible  and  can  more  easily  be  kept  clean. 

NOTE  10:  The  requirement  prohibiting  the  placing 
of  water-closets  out  of  doors  is  of  vital  importance. 
There  will  be  a  difference  of  view  as  to  the  desirability 
of  this  in  different  sections  of  the  country. .  In  some 
communities  it  has  been  the  custom  for  many  years 
past  to  place  water-closets  out  of  doors.  As  a  result 
of  this  practice  some  of  our  most  serious  sanitary  evils 
have  occurred.  The  outdoor  water-closet  is  only 
slightly  better  than  the  privy  vault.  It  has  all  the 
evils  of  the  privy  vault  except  the  danger  of  soil  con- 
•  lamination  and  pollution  of  the  water  supply.  These, 
however,  are  evils  not  frequently  encountered,  as 
even  where  there  is  a  local  water  supply  it  is  generally 
so  located  that  there  is  comparatively  little  danger 
from  this  cause.  The  chief  danger  from  the  privy 
vault  is  the  spread  of  communicable  disease  through 
the  medium  of  the  common  house-fly.  There  is  just 
169 


A    MODEL    HOUSING    LAW  §47 

as  great  danger  from  this  in  the  case  of  the  outdoor 
water-closet  as  there  is  from  the  privy  vault.  The 
other  evils  of  the  vault,  namely,  the  disgusting  condi- 
tion in  which  outdoor  fixtures  are  generally  found  and 
the  resulting  discomfort  and  serious  effect  upon  the 
health  of  the  people  in  the  neighborhood,  exist  with 
equal  force  in  the  case  of  the  outdoor  water-closet. 
Located  thus  in  a  public  place  and  easy  of  access  to 
the  casual  passerby,  the  outdoor  closet  is  bound  to  be 
abused  and  kept  in  a  filthy  condition.  Except  in  the 
Southern  states  where  there  is  a  mild  climate  and 
where  there  is  little  danger  from  freezing,  outdoor 
closets  are  generally  out  of  commission  through  most 
of  the  winter,  forcing  the  tenants  to  employ  the 
"bucket"  system,  as  there  has  not  been  developed 
as  yet  any  really  satisfactory  device  of  anti-freezing 
fixture.  In  many  cities  in  the  North  where  outdoor 
closets  are  employed,  a  type  of  closet  known  as  the 
"Philadelphia  hopper"  (because  of  its  great  use  in 
that  city)  is  usually  employed.  This  is  a  long  hopper 
water-closet,  with  all  the  evils  of  an  extensive  fouling 
surface  which  cannot  be  cleaned.  The  fixture  is  pro- 
vided with  a  seat  flush  which  operates  by  a  valve,  the 
water  being  released  by  pressure  on  the  seat.  The 
result  is  that  when  paper  is  left  upon  the  seat  and 
when  snow  sifts  in,  as  it  frequently  does,  the  weight 
of  the  snow  and  wet  paper  starts  the  flush  going  and 
the  water  is  kept  running  practically  all  the  time, 
overflowing  the  toilet  and  making  a  skating  rink  out  of 
the  compartment  and  neighboring  portions  of  the  yard. 

The  evils  of  the  outdoor  closet  are  so  great  that 
under  no  circumstances  should  any  compromise  be 
made  on  this  provision,  either  in  the  South  or  in  the 
North.  No  city  can  call  itself  civilized  which  per- 
mits in  its  future  work  outdoor  water-closets.  The 
ultimate  cost  to  the  community  resulting  from  such  a 
system  in  the  toll  of  disease  and  death  is  beyond  cal- 
culation. 

NOTE  1 1 :  The  very  worst  conditions  are  usually 
found  in  cellar  water-closets,  due  to  the  fact  that  they 
are  apt  to  be  located  in  the  dark,  without  proper  venti- 
lation, and  are  generally  accessible  to  any  stray  pass- 
erby and  are  therefore  sure  to  be  abused.  The  cellar 
water-closet  is  usually  for  these  reasons  kept  in  an 
indescribable  condition.  It  will  not  do,  however, 

170 


§  47  SANITATION 

to  prohibit  cellar  water-closets  outright,  as  they  are 
necessary  sometimes  for  the  use  of  stores  on  the 

ground    floor   in    tenements,    flats,    and    apartment       

houses  and  are  especially  necessary  in  hotels  in  the 
service  quarters  and  also  in  many  hotels  in  connection 
with  barber  shops,  cafes  and  other  rooms  provided 
for  the  public.  The  requirement  that  no  water- 
closet  be  placed  in  the  cellar  without  a  written  permit 
from  the  health  officer  .amply  safeguards  the  com- 
munity against  the  evils  that  have  heretofore  existed. 

NOTE  12:  It  is  obviously  important  that  there 
shall  be  means  of  lighting  water-closet  compartments 
at  night.  It  should  be  noted  that  this  provision  does 
not  specify  the  means  to  be  employed.  Where  elec- 
tricity or  gas  is  provided  throughout  the  house  these 
methods  will  naturally  be  furnished.  In  the  quarters 
of  the  poor  a  kerosene  lamp  may  be  all  that  is  possible. 

NOTE  13:  It  is  of  importance  that  the  floors  of 
water-closet  compartments  shall  be  water-proof  so 
that  the  whole  water-closet  compartment  can  be 
flushed  out.  This  is  necessary  because  of  the  fact 
that  in  the  case  of  contagious  disease  the  slop  empty- 
ings from  the  patient  are  emptied  here.  There  are 
also  apt  to  be  drippings  from  the  bowl  when  the  fix- 
ture is  used  as  a  urinal  and  a  wooden  floor  absorb- 
ing this  soon  becomes  extremely  objectionable.  The 
only  satisfactory  scheme  is  a  scheme  that  will  permit 
the  entire  floor  to  be  flushed  out.  In  most  cases  such 
a  water-proof  floor  will  be  provided,  as  the  water- 
closet  is  generally  located  in  the  same  room  as  the 
bath  tub.  It  should  be  noted  that  cement  as  water- 
proof material  is  barred  out  because  of  its  absorbent 
qualities.  Terrazzo  is  a  composition  used  every- 
where. It  is  made  of  broken  chips  of  marble  and 
cement. 

Objection  may  be  made  to  this  provision  as  im- 
posing unnecessary  expense  upon  working  people  who 
desire  to  build  small  dwellings  for  their  own  use.  If 
this  is  found  to  be  a  serious  objection,  the  following 
concession  can  be  made.  Before  the  words  "The 
floor  of  every  such  water-closet  compartment/'  in- 
sert the  following: 

CONCESSION  2:    "In  two-family  dwellings  and  multiple-  Concession 
dwellings  hereafter  erected" 

171 


A   MODEL   HOUSING    LAW  §48 

§48.  SEWER  CONNECTION.1  No  multiple-dwelling  of 
Class  A2  shall  hereafter  be  erected  on  any  street  unless 
there  is  city  water  and  a  public  sewer  in  the  street  on 
which  such  dwelling  abuts.  No  multiple-dwelling  of 
Class  B  shall  hereafter  be  erected  on  any  street  unless 
there  is  city  water-supply  and  a  public  sewer  reasonably 
accessible  as  provided  in  section  nine.  Every  such  mul- 
tiple-dwelling of  Class  A  shall  have  its  plumbing  system 
connected  with  the  city  water-supply  and  with  a  public 
sewer  before  such  multiple-dwelling  is  occupied.  No  cess- 
pool or  vault  or  similar  means  of  sewage-disposal  shall  be 
used  in  connection  with  any  dwelling  where  connection 
with  a  public  sewer  is  practicable. 

Explana-  NOTE  i :  This  provision  applies  only  to  multiple 

dwellings.  It  should  properly  apply  to  private  dwell- 
ings and  to  two-family  dwellings,  but  it  is  believed 
that  this  would  be  considered  too  drastic  by  practi- 
cally every  community.  Theoretically  no  community 
should  permit  the  erection  of  dwellings  until  streets 
have  been  sewered  and  supplied  with  city  water,  as 
otherwise  privies  are  necessary,  but  such  a  provision 
would  undoubtedly  be  felt  to  stop  the  progress  and 
development  of  the  city  and  become  a  check  upon  the 
building  industry.  We  shall  probably  be  sufficiently 
civilized  twenty-five  or  thirty  years  from  now  to  im- 
pose such  a  requirement,  but  it  does  not  seem  to  be 
wise  to  attempt  it  at  this  time.  The  situation  with 
regard  to  multiple  dwellings  is,  however,  totally  dif- 
ferent. No  large  building  housing  a  number  of  fam- 
ilies should  be  permitted  to  be  erected  in  sections  of 
the  city  not  provided  with  sewers  and  water  supply. 
If  that  portion  of  the  city  is  so  slightly  developed  that 
sewers  and  water  supply  cannot  be  provided,  the  mul- 
tiple dwelling  is  not  an  economic  necessity  and  single- 
family  dwellings  and  two-family  houses  can  be  built 
with  propriety. 

NOTE  2:  It  should  be  noted  that  the  provisions 
for  the  two  classes  of  multiple  dwellings  are  radically 
different.  This  section  absolutely  prohibits  the  erec- 
tion of  multiple  dwellings  of  Class  A,  that  is  flats, 
tenements,  apartments  and  the  like,  unless  there  is 
city  water  and  a  public  sewer  in  the  street.  When  it 
172 


§  49  SANITATION 

comes  to  multiple-dwellings  of  Class  B,  which  include 
boarding  houses,  hotels,  convents,  asylums,  hospitals 
and  similar  buildings,  it  is  recognized  that  it  might 
work  hardship  to  prevent  the  erection  of  a  small 
boarding  house  on  the  outskirts  of  a  city,  or  of  a  con- 
vent or  hospital  similarly  situated.  This  class  of 
buildings  is  accordingly  brought  under  the  provisions 
of  Section  9  which  permits  under  proper  safeguards 
the  use  of  cesspools,  septic  tanks  and  even  privies 
temporarily. 

§49.  PLUMBING.  In  every  dwelling  hereafter  erected 
no  plumbing  fixture  shall  be  enclosed1  but  the  space 
underneath  shall  be  left  entirely  open.  Plumbing  pipes 
shall  be  exposed,  when  so  required  by  the  health  offi- 
cer.2 All  plumbing  work  shall  be  sanitary  in  every 
particular  and,  except  as  otherwise  specified  in  this  act, 
shall  be  in  accordance  with  the  plumbing  regulations3 
of  said  city.  All  fixtures  shall  be  trapped.4  Pan,5  plunger 
and  long  hopper  closets  shall  not  be  installed.  Wooden 
sinks6  and  wooden  wash-trays  shall  not  be  installed. 
Tile7  or  earthen-ware  house  drains  shall  not  be  installed. 
In  all  multiple-dwellings  hereafter  erected  where  plumbing 
or  other  pipes  pass  through  floors  or  partitions,  the  open- 
ings around  such  pipes  shall  be  sealed  or  made  air-tight 
with  incombustible  materials,  so  as  to  prevent  the  passage 
of  air  or  the  spread  of  fire  from  one  floor  to  another  or 
from  room  to  room.8 

NOTE    i :    The   reasons  against   the  enclosure  of  EXDiana. 
plumbing  fixtures  with  woodwork  have  been  fully  set 
forth  in  Note  9  of  Section  47. 

NOTE  2:  It  is  not  wise  to  require  plumbing  pipes 
in  all  cases  to  be  exposed,  as  in  certain  classes  of  build- 
ings, namely,  high-class  apartment  houses,  hotels,  and 
similar  structures,  the  tenants  and  guests  would  not 
care  to  see  the  rough  plumbing  and  would  find  it  a 
detriment  to  the  rooms.  In  the  ordinary  tenement 
house,  however,  and  in  other  classes  of  dwellings,  it  is 
entirely  possible  to  have  many  of  the  pipes  exposed. 
It  is  therefore  left  to  the  health  officer  to  determine 
under  what  circumstances  this  shall  be  required. 

173 


A    MODEL   HOUSING    LAW  §  49 

NOTE  3 :  No  attempt  is  made  here  to  go  into  mi- 
nute details  of  plumbing  requirements  such  as  the 
weight  of  pipe,  kind  of  material  and  the  numerous 
other  details  that  are  commonly  found  in  plumbing 
rules  and  regulations.  This  can  safely  be  left  to  the 
plumbing  rules  and  regulations  of  the  locality  affected. 
What  has  been  done  here  is  to  set  down  the  irreducible 
minimum  so  as  to  prevent  the  use  of  materials  or 
methods  which  have  been  shown  to  be  injurious  from 
the  point  of  view  of  proper  sanitation. 

NOTE  4:  The  requirement  that  all  fixtures  shall  be 
trapped  does  not  mean  that  each  fixture  shall  be 
trapped  separately,  although  this  is  desirable;  this 
is  left  to  the  local  plumbing  regulations  to  determine. 

NOTE  5 :  Pan,  plunger,  and  long  hopper  closets  are 
antiquated  types  of  fixtures  with  large  fouling  sur- 
face which  should  not  be  tolerated  in  modern  construc- 
tion. In  many  cities  where  good  plumbing  practice 
prevails  such  closets  are  required  to  be  taken  out 
when  found  even  though  they  may  have  been  installed 
only  a  few  years  before.  (See  Figure  33.) 


PAN  CLOSET  LONQ.  HOPPEC, 


FIGURE  33 
PAN  AND  LONG  HOPPER  CLOSETS 


NOTE  6:  Wooden  sinks  and  wash  trays  are  pro- 
hibited because  they  become  rotten  and  saturated, 
breed  vermin,  and  become  odoriferous. 

NOTE  7:  Tile  or  earthen-ware  house  drains  are  pro- 
hibited because  they  are  in  most  cases  liable  to  break 
in  a  short  time,  thus  permitting  soil  contamination. 

NOTE  8:   The  requirement  that  the  spaces  around 

174 


§  49  SANltATION 

pipes  where  they  pass  through  floors  in  multiple 
dwellings  shall  be  made  air  tight  is  of  importance  not 
only  for  the  convenience  of  the  tenants  in  preventing 
unpleasant  odors  communicating  from  one  apartment 
to  another,  in  shutting  off  sounds  which  would  other- 
wise tra,vel  in  a  similar  way,  and  in  preventing  vermin 
thus  getting  from  one  apartment  to  another,  but 
especially  as  a  means  of  reducing  fire  danger  and  pre- 
venting the  transmission  of  contagious  disease. 


A    MODEL    HOUSING    LAW 


TITLE  3 

• 

FIRE  PROTECTION 

NOTE  i :  There  is  much  misunderstanding  in  the 
popular  mind  as  to  the  relative  importance  of  fire  pro- 
tection provisions  as  compared  with  the  necessity  of 
adequate  open  spaces.  From  an  ideal  point  of  view 
it  would  be  incalculably  better  for  the  community 
if  all  houses  erected  in  the  future  might  be  fire-resistive 
throughout.  It  would  add  greatly  to  the  beauty  of 
our  cities,  it  would  help  conserve  our  forests  by  re- 
ducing the  consumption  of  lumber,  and  would  insure 
greater  safety  to-  the  great  mass  of  our  population, 
though  the  danger  from  fire  is  more  of  a  prospective 
evil  than  a  real  one.  Considering  the  size  of  the  pop- 
ulation in  each  of  our  cities,  the  number  of  people  who 
lose  their  lives  each  year  from  this  cause  is  practically 
negligible.  This  is  due,  however,  not  to  the  methods 
of  construction  employed  in  our  buildings  but  to  the 
efficiency  of  our  fire  departments.  The  real  advan- 
tage of  having  all  buildings  fire-resistive  would  be  in 
the  ultimate  saving  to  the  investor.  Bills  for  insur- 
ance would  be  reduced  to  almost  nothing  and  the 
cost  of  upkeep  would  be  very  materially  diminished. 

The  great  objection,  however,  to  requiring  all  dwell- 
ings erected  in  the  future  to  be  fire-resistive  through- 
out is  that  the  cost  at  present  would  be  prohibitive. 
The  effect  of  this  so  far  as  the  dwellings  of  the  working 
people  are  concerned  would  be  to  augment  greatly 
the  cost  of  living.  The  time  will  undoubtedly  come, 
and  it  is  not  far  distant,  when  the  cost  of  fire- resistive 
construction  will  be  greatly  reduced  and  this  desir- 
able ideal  can  be  accomplished.  For  the  present, 
however,  in  view  of  the  considerations  expressed,  it 
seems  unwise  to  attempt  to  bring  about  such  a  con- 
dition. 

NOTE  2:  It  should  be  noted  that  all  of  the  pro- 
visions of  this  title,  which  deals  with  fire  protection  in 
new  buildings,  with  the  exception  of  Section  50,  relate 
solely  to  multiple  dwellings.  That  is,  none  of  these 

,76 


FIRE    PROTECTION 

additional  precautions  which  are  very  necessary  in 
the  case  of  multiple  dwellings  are  imposed  upon  pri- 
vate dwellings  or  two-family  dwellings.  The  effect 
of  this  discrimination  will  be  to  make  as  cheap  as 
possible  the  construction  of  private  dwellings  and 
two-family  dwellings  and  therefore  to  encourage  that 
type  of  development  in  our  cities;  while  the  imposing 
of  these  additional  safeguards  at  additional  cost  upon 
multiple  dwellings  should  have  the  effect  of  dis- 
couraging the  erection  of  such  buildings.  The  re- 
quirements imposed  are  in  no  sense  prohibitive;  mul- 
tiple dwellings  can  still  be  erected  in  any  city  and  be 
commercially  profitable.  Nor  has  any  requirement 
in  this  title  been  imposed  upon  multiple  dwellings 
solely  with  the  idea  of  discouraging  that  type  of  con- 
struction; each  provision  will  be  found  to  be  justified 
from  experience  and  to  be  necessary  for  buildings  of 
this  class. 


12 


177 


A    MODEL    HOUSING    LAW  §  50 

§  50.  FIRE-RESISTIVE  DWELLING,  WHEN  REQUIRED.1 
No  dwelling  shall  hereafter  be  erected  exceeding  THREE2 
stories  in  height,  unless  it  shall  be  a  fire-resistive  dwelling; 
the  dwelling,  however,  may  step  up  to  follow  the  grade, 
provided  no  part  of  it  is  over  THREE3  stories  in  height.4 

Explana-  NOTE  i :  The  purpose  of  this  section  is  a  two-fold 

tion  one.     While  it  is  primarily  a  provision  for  fire  pro- 

tection and  would  have  to  be  justified  on  that  ground 
if  attacked  in  court,  it  is  also  of  great  importance  in 
securing  better  light  and  ventilation  and  as  a  means 
of  preventing  congestion  of  population  in  the  case  of 
multiple  dwellings.  The  way  to  prevent  land  over- 
crowding is  to  limit  the  number  of  people  that  may 
live  on  a  given  area  of  land.  This  can  be  done  more 
effectively  indirectly  than  it  can  directly.  There  is 
some  doubt  as  .to  whether  the  courts  would  sustain 
an  arbitrary  limitation  on  the  actual  number  of  people 
that  might  live  on  a  lot  of  a  given  size.  If,  however, 
the  area  of  the  building  is  limited  by  requiring  large 
open  spaces  and  the  height  of  the  building  is  limited, 
the  result  desired  has  been  accomplished  and  by  a 
method  which  the  courts  will  unquestionably  sustain. 
While  there  is  no  guarantee  that  this  provision  will 
absolutely  prevent  the  erection  of  tall  buildings,  it  is 
reasonably  sure  that  at  the  present  time,  with  the 
cost  of  fire-resistive  construction  as  it  is  to-day,  the 
effect  of  this  provision  will  be  to  discourage  greatly 
their  erection. 

NOTE  2\  The  standard  has  been  set  at  three  stories, 
but  it  should  be  noted  that  this  is  a  variable  stand- 
ard to  be  changed  in  each  city  to  suit  the  local  condi- 
tions. It  is  highly  desirable  to  keep  residence  build- 
ings down  to  a  three-story  height.  Where  this  is  not 
practicable  the  standard  should  be  changed  to  four, 
but  no  residence  building  should  be  permitted  to  be 
built  higher  than  four  stories  without  being  made 
completely  fire-resistive,  viz.,  constructed  with  iron 
beams  and  girders  and  incombustible  floors  and  parti- 
tions, as  defined  in  Section  2,  Subdivision  17.  If  local 
conditions  indicate  the  necessity  of  permitting  four- 
story  buildings,  the  following  concession  may  be 
wisely  made.  In  this  connection  it  is  significant  that 
the  great  city  of  Chicago  over  10  years  ago  established 
178 


§51  FIRE    PROTECTION 

this  standard  of  3  stories  for  the  limit  of  height  of  a 
non-fire-resistive  dwelling,  a  standard  which  has  been 
successfully  maintained  throughout  this  period.  The 
result  has  been  that  Chicago  in  its  residence  portions 
has  become  a  "3-story  city."  This  example  should 
be  controlling  for  nearly  every  other  city  in  America. 
What  Chicago  has  done,  smaller  cities  can  assuredly 
do. 

The  thing  for  each  community  to  do  is  to  deter- 
mine whether  they  want  their  city  to  be  a  "  3-story 
city"  or  a  "6-story  city" — or  what;  and  fix  the  stand- 
ard accordingly. 

CONCESSION:  Change  "THREE"  to  "FOUR"  in  both  Concession 
instances  where  it  occurs  in  this  section. 

NOTE  3:  This  section  must  be  read  in  connection  Explana- 
with  the  definitions  of  cellar  and  basement  as  con-  tion 
tained  in  Section  2,  Subdivision  13.  In  other  words, 
if  the  standard  is  set  at  3  stories,  a  3-story  and  base- 
ment building  will  have  to  be  fire-resistive;  a  building 
3  stories  and  cellar  in  height  will  not.  This  is  de- 
liberate, as  the  basement  type  of  building  is  not  a 
desirable  one  to  encourage  for  many  reasons.  Where 
a  basement  is  erected  it  means  that  the  basement  part 
is  to  be  used  for  living  purposes  and  the  equivalent 
of  a  four-story  building  is  in  most  cases  likely  to 
result. 

NOTE  4:  This  provision  will  work  no  hardship  to 
any  class  of  building,  especially  if  the  standard  is  made 
four  stories.  The  millionaire's  mansion  will  in  no 
case  be  over  four  stories  high.  Apartment  houses  and 
similar  multiple  dwellings  that  are  erected  over  four 
stories  high  should  be  fire-resistive.  Hotels  over  that 
height  would  be  fire-resistive  anyhow  and  no  one 
would  seek  any  concession  in  this  direction. 

§51.  MEANSOF  EGRESS.1  Every7  multiple-dwelling  here- 
after erected  exceeding  one  story  in  height  shall  have  at 
least  two  independent2  ways  of  egress  which  shall  extend 
from  the  ground  floor  to  the  roof,  and  shall  be  located  re- 
mote from  each  other,  and  each  shall  be  enclosed  by  walls 
or  partitions  as  provided  elsewhere  in  this  act.  One  of 
such  ways  of  egress  shall  be  a  flight  of  stairs3  constructed 

179 


A    MODEL   HOUSING    LAW  §5! 

and  arranged  as  provided  in  sections  fifty-four,  fifty-five 
and  fifty-six  of  this  act.  In  multiple-dwellings  of  Class  A 
the  second  way  of  egress  shall  be  directly  accessible5  to 
each  apartment,  group  or  suite  of  rooms  without  having 
.  to  pass  through  the  first  way  of  egress.  In  multiple-dwell- 
ings of  Class  B6  the  second  way  of  egress  shall  be  directly 
accessible  from  a  public  hall.  The  second  way  of  egress 
may  be  any  one  of  the  following,  as  the  owner  may  elect4: 

1 .  A  system  of  outside  balcony  fire-escapes  constructed 
and  arranged  as  provided  in  section  fifty-two  of  this  act. 

2.  An  additional  flight  of  stairs,  either  inside  or  outside,9 
constructed  and  arranged  as  provided  in  sections  fifty- 
four,  fifty-five  and  fifty-six  of  this  act.10 

3.  A  fire-tower11  located,  constructed  and  arranged  as 
may  be  required  by  the  inspector  of  buildings.11 

Explana-  NOTE  i :   The  plan  adopted  here  differs  from  the 

tion  plan  which  has  heretofore  been  embodied  in  many  of 

our  tenement  house  laws;  namely,  a  requirement  for 
fire-escapes  upon  multiple  dwellings  of  a  certain  class. 
Instead  of  this  it  has  been  thought  better  to  adopt  the 
practice  which  has  been  coming  into  favor  more  gen- 
erally in  recent  years  of  requiring  two  ways  of  egress. 

NOTE  2:  The  chief  purpose  of  this  is  to  enable  the 
occupants  of  the  building  to  have  quick  egress  in  case 
of  fire  by  a  means  other  than  that  used  ordinarily. 
It  is  of  course  essential  that  these  two  ways  of  egress 
shall  be  independent  of  each  other.  It  is. equally  im- 
portant that  they  shall  extend  from  the  entrance  floor 
to  the  roof  so  that  in  case  egress  is  cut  off  on  the  ground 
floor,  access  may  be  had  to  the  roof  of  the  building 
and  from  there  to  the  roofs  of  adjoining  buildings, 
when  they  do  adjoin.  It  is  also  obvious  that  access 
must  be  had  to  the  street  entrance,  as  otherwise  the  ten- 
ants would  be  left  hanging  in  mid-air  and  would  have 
to  be  rescued  by  firemen.  If  the  two  ways  of  egress 
are  not  independent  but  are  merged  at  any  point  ex- 
cept near  the  entrance  of  the  building,  the  supple- 
mentary means  of  exit  will  lose  its  value,  because  in 
the  event  of  the  ordinary  means  of  exit  being  en- 
veloped in  smoke  or  flames  the  supplementary  exit 
would  be  similarly  out  of  commission.  For  this 
reason  it  is  especially  important  that  the  two  ways  of 
1 80 


§51  FIRE    PROTECTION 

egress  shall  be  remote  from  each  other  and  that  they 
shall  be  separated  by  walls  or  partitions  so  as  to  pre- 
vent the  spread  of  smoke  or  flames  from  one  to  the 
other. 

NOTE  3 :  The  usual  type  that  will  be  adopted  will 
be  a  front  and  back  stairs,  as  the  back  stairs  serve 
a  useful  purpose  as  service  stairs. 

NOTE  4:  It  should  be  noted  that  the  greatest  free- 
dom of  choice  consistent  with  the  safety  of  the  occu- 
pants of  the  dwelling  has  been  given  to  the  owner. 
One  flight  of  stairs  he  would  naturally  provide  of  his 
own  accord,  irrespective  of  any  provisions  of  law,  in 
order  to  give  the  occupants  of  the  building  access  to 
their  rooms.  (In  the  case  of  elevator  apartment 
houses  such  stairs  would  not  be  necessary,  but  even 
here  it  would  generally  be  provided  so  as  to  anticipate 
a  situation  where  the  elevators  might  be  out  of  com- 
mission.) This  takes  care  of  one  way  of  egress.  The 
other  way  of  egress  may  be  any  one  of  three  which  the 
owner  may  elect, — another  flight  of  stairs  either  in- 
side or  outside,  a  system  of  outside  fire-escapes  or  a 
fire-tower.  No  reasonable  person  can  object  to  this 
requirement. 

NOTE  5:  It  is  of  great  importance  to  have  these 
supplementary  exits,  whether  fire-escapes  or  a  second 
flight  of  stairs,  easily  accessible  to  the  occupants  of 
the  building.  The  requirement  as  to  accessibility 
differs  radically  in  the  two  classes  of  multiple  dwell- 
ings. In  the  first  class,  namely,  the  residence  build- 
ings, apartment  houses,  tenement  houses,  and  so 
forth,  the  second  way  of  egress  or  fire-escape  to  be  of 
any  value  must  be  directly  accessible  to  each  apart- 
ment. If  tenants  have  to  pass  through  a  public  hall 
(the  other  way  of  egress)  to  get  to  the  fire-escape  it  is 
of  little  value,  as  experience  has  shown  that  the  public 
hall  invariably  becomes  filled  with  smoke  and  flames 
in  such  cases  almost  immediately  after  the  outbreak 
of  fire,  the  hall  acting  as  a  gigantic  chimney  or  flue. 
This  is  a  point  where  there  can  be  no  compromise. 
Many  architects  who  have  not  had  special  experience 
with  regard  to  fires  will  not  realize  the  importance  of 
this  point.  Others  who  may  be  building  apartment 
houses  and  who  wish  to  remove  fire-escapes  from  the 
front  of  the  building  in  order  to  maintain  the  beauty 
of  its  architectural  appearance  will  desire  to  be  per- 

181 


A    MODEL    HOUSING    LAW  §  5  I 

mitted  to  locate  fire-escapes  off  the  public  hall,  but 
under  no  circumstances  can  this  safely  be  permitted. 
Such  fire-escapes  would  be  of  little  value  in  this  class 
of  buildings  and  loss  of  life  would  be  sure  to  result  if 
a  serious  fire  broke  out. 

NOTE  6:  The  requirements  are  radically  different 
in  the  case  of  multiple  dwellings  of  Class  B;  namely, 
hotels  and  buildings  of  a  similar  character  occupied 
for  transient  purposes.  While  it  would  be  desirable 
to  have  here  a  second  way  of  egress  or  fire-escape  di- 
rectly accessible  from  each  room,  this  is  not  practicable 
in  view  of  the  fact  that  such  buildings  are  usually 
divided  up  into  a  large  number  of  single  rooms  with 
an  occupant  in  each  room.  To  require  any  such  plan 
of  fire  protection  would  practically  mean  a  fire-escape 
balcony  at  every  window.  Therefore,  in  the  case  of 
hotels  and  similar  buildings  access  to  the  fire-escapes 
is  required  to  be  had  from  a  public  hall. 

NOTE  7:  It  is  to  be  observed  that  the  requirement 
for  the  second  way  of  egress  applies  to  all  classes  of 
multiple  dwellings,  both  fire-resistive  and  non-fire- 
resistive,  as  experience  has  shown  that  even  in  the 
case  of  a  fire-resistive  apartment  house  it  is  not  safe 
to  rely  upon  a  single  way  of  egress  in  case  of  fire.  The 
rooms  of  such  apartments  are  filled- with  inflammable 
material  in  the  furnishings  and  serious  fires  can  result. 

NOTE  8:  Some  interests  may  contend  that  ele- 
vators should  serve  as  one  of  the  ways  of  egress.  This 
contention  is  not  sound  and  should  not  be  permitted. 
Elevators  can  never  be  counted  on  in  the  case  of  a 
serious  fire  as  a  means  of  getting  tenants  out,  as  the 
elevator  shaft  is  apt  to  become  filled  with  smoke  and 
flames  at  an  early  stage  of  the  fire.  The  best  fire 
authorities  refuse  to  recognize  elevators  as  ways  of 
egress. 

NOTE  9:  In  some  cities  it  has  become  the  custom 
to  erect  two-family  houses,  tenements  and  flats  with 
a  front  and  rear  stairs,  the  rear  stairs  being  an  outside 
stairs,  generally  of  wood,  with  wooden  balconies  which 
are  utilized,  as  a  rule,  as  living  porches  and  prac- 
tically add  an  additional  room  to  the  apartments. 
This  has  become  a  firmly  established  type  of  construc- 
tion in  a  number  of  cities  and  is  much  desired  by  the 
tenants.  The  objections  to  this  form  of  construction 
have  been  very  fully  set  forth  in  the  discussion  of  Sec- 

182 


§51  FIRE    PROTECTION 

tion  41 .  Because  of  the  desire  to  perpetuate  this  type 
of  house,  which  has  become  a  fixed  fashion  in  many 
cities,  there  will  be  strenuous  opposition  to  the  pro- 
vision of  this  section  which  requires  the  second  way  of 
egress  to  be  of  fireproof  construction,  and  it  will  be 
very  earnestly  desired  in  certain  classes  of  multiple 
dwellings  to  permit  the  use  of  outside  wooden  stairs 
and  balconies.  In  some  cities  it  may  be  necessary  to 
make  some  concession.  If  so,  the  following  concession 
is  suggested.  Add  at  the  end  of  Subdivision  2  of  Sec- 
tion 51  the  following: 

CONCESSION:  "In  the  case  of  multiple-dwellings  of  Concession 
Class  A  hereafter  erected  which  do  not  exceed  three  stories 
in  height  and  which  are  not  occupied  by  more  than  four 
families  in  all,  such  additional  flight  of  stairs  may  be  an 
outside  stairs  of  wood  with  wooden  balconies,  if  located 
on  the  rear  wall  of  the  dwelling  and  kept  entirely  unen- 
closed.10" 

NOTE  10:    It  should  be  noted  that  this  provision  Explana- 
will  permit  the  use  of  these  outside  wooden  balconies  tion 
and  stairs  in  the  case  of  tenements  two  stories  high 


BALCONY   SOLID  FLOOR 
OUTSIDE  BLD'O.  LINE 


FIGURE  34 
FIRE-TOWER 


with  two  families  on  a  floor  and  also  in  the  case  of 
tenements  three  stories  high  with  not  more  than  one 
family  on  a  floor,  but  it  will  not  permit  them  in  build- 
ings exceeding  three  stories  in  height  or  containing 

,83 


A    MODEL   HOUSING    LAW  §  52 

more  than  two  families  on  a  floor  irrespective  of 
height. 

NOTE  1 1 :  A  fire-tower  is  a  type  of  construction  that 
is  highly  esteemed  by  fire  authorities.  It  is  generally 
a  flight  of  stairs  in  a  separate  tower  with  a  bridge  or 
platform  thrown  across  to  it  from  the  main  building. 
It  sometimes  consists  of  an  inclined  plane  or  gradient 
of  metal  highly  polished,  permitting  the  occupants  of 
the  building  to  sit  down  upon  it  and  slide  to  the  bot- 
tom, on  the  method  of  the  "chute  the  chutes"  com- 
mon in  many  pleasure  resorts.  This  is  an  excellent 
type  of  quick  escape  to  get  the  people  to  the  bottom 
in  a  short  time  without  injury.  When  used,  care 
should  be  taken  to  see  that  the  knob  of  the  entrance 
door  giving  access  to  it  is  located  at  a  sufficient  height 
so  as  to  make  it  impossible  for  children  to  use  it  as  a 
day-time  plaything. 

§  52.  FIRE-ESCAPES.  All  fire-escapes  hereafter  erected 
on  multiple-dwellings1  shall  be  located  and  constructed  as 
in  this  section  required.  Such  fire-escapes  shall  be  located  at 
each  story  the  floor  of  which  is  TWELVE  or  more  feet  above 
the  ground.2  Access3  to  fire-escapes  shall  not  be  obstructed 
in  any  way.  No  fire-escape  shall  be  placed  in  an  inner 
court.4  Fire-escapes  may  project  into  the  public  highway5 
to  a  distance  not  greater  than  four  feet  beyond  the  building 
line.  All  fire-escapes  shall  consist  of  outside  open  iron,6 
stone  or  concrete  balconies  and  stairways.7  All  balconies 
shall  be  not  less  than  TH REE  feet  in  width.  All  stairways 
shall  be  placed  at  an  angle  of  not  more  than  S I  XT Y  degrees 
to  the  horizontal,  with  flat8  open  steps  not  less  than  SIX 
inches  in  width  and  TWENTY-FOUR  inches  in  length  and 
with  a  rise  of  not  more  than  EIGHT  inches.  The  openings 
for  stairways  in  all  balconies  shall  be  not  less  than 
TWENTY-FOUR  by  TWENTY-EIGHT  inches,9  and 
shall  have  no  covers10  of  any  kind.  The  balcony  on  the  top 
floor,  except  in  the  case  of  a  balcony  on  the  street  or  in  the 
case  of  a  peaked  roof  house,  shall  be  provided  with  a  stairs 
or  with  a  goose-neck  ladder  leading  from  said  balcony  to  and 
above  the  roof11  and  properly  fastened  thereto.  A  drop 
ladder12  or  stairs  shall  be  provided  from  the  lowest  balcony 

184 


§  52  FIRE    PROTECTION 

of  sufficient  length  to  reach  to  a  safe  landing  place  beneath. 
All  fire-escapes  shall  be  constructed  and  erected  to  safely 

sustain  in  all  their  parts  a  safe  load,  and  if  of  iron  shall  re-     

ceive  not  less  than  two  coats  of  good  paint,  one  in  the  shop 
and  one  after  erection.  In  addition  to  the  foregoing  re- 
quirements, all  fire-escapes  hereafter  erected  upon  multiple- 
dwellings  shall  be  constructed  in  accordance  with  such 
supplementary  regulations13  as  may  be  adopted  by  the 
inspector  of  buildings  or  by  the  local  legislative  body. 

NOTE  i :    It  should  be  observed  that  the  require-  Explana- 
ments  for  fire-escapes  apply  only  to  multiple  dwell-  tion 
ings,  for  the  reasons  which  have  been  set  forth  in  the 
notes  appended  to  Title  3. 

NOTE  2:  The  fire-escapes  cannot  of  course  extend 
to  the  ground,  as  this  would  disfigure  the  front  of  the 
building,  give  ready  access  to  thieves  and  would  not 
be  practicable.  A  balcony  should  be  located,  how- 
ever, at  the  second  story  or  the  first  above  the  ground. 
The  point  of  12  feet  above  the  ground  has  been  es- 
tablished here  as  being  a  reasonable  distance  and  as 
providing  for  cases  in  multiple  dwellings  where  there 
is  a  store  on  the  first  floor  and  a  high  ceiling  is  desired. 

NOTE  3:  Access  to  fire-escapes  must  be  easy.  If 
wash  tubs,  sinks  and  other  fixtures  are  put  in  the 
way  of  the  window  and  the  access  to  the  window  thus 
narrowed,  there  may  be  loss  of  life. 

NOTE  4:  Fire-escapes  in  inner  courts  are  as  a  rule 
of  little  value;  that  is,  in  an  inner  court  of  the  mini- 
mum sizes  prescribed  by  this  act.  There  may  be 
very  large  inner  courts  where  this  criticism  would  not 
apply,  but  such  a  condition  is  very  rare.  The  objec- 
tion to  a  fire-escape  in  an  inner  court  is  that  the  court 
being  enclosed  on  four  sides  acts  as  a  flue  and  in  case 
of  fire  is  apt  to  become  filled  with  smoke.  A  fire- 
escape  in  a  court  is  also  a  detriment  in  that  it  en- 
croaches upon  the  space  left  open  for  light  and  air. 

NOTE  5 :  It  is  necessary  to  provide  that  fire-escapes 
may  project  into  the  highway  beyond  the  building 
line  in  order  to  prevent  adroit  owners  from  refusing 
to  erect  fire-escapes  on  the  ground  that  they  are 
encroaching  on  the  public  highway.  Without  this 
special  provision  such  a  contention  would  be  plausible 


A    MODEL    HOUSING    LAW  §  52 

and  might  be  sustained  by  the  courts.  It  is  best  to 
take  no  chances. 

NOTE  6:  Wooden  fire-escape  balconies  are  of  little 
use  as  they  would  quickly  be  consumed  if  the  fire  were 
anywhere  near  the  balconies.  Iron  is  what  will  gen- 
erally be  used,  although  there  are  cases  where  owners 
will  wish  to  use  stone  or  concrete  in  order  to  make  the 
treatment  of  the  front  of  their  building  harmonize 
with  its  general  architectural  scheme.  This  of  course 
should  be  permitted. 

NOTE  7:  Fire-escapes  to  be  effective  must  consist 
of  stairs,  not  ladders.  Women,  old  people,  invalids 
and  children  cannot  use  vertical  ladders.  Even  if 
they  could  go  down  them  they  will  not  think  they  can 
and  the  fire-escapes  will  therefore  lose  their  value  as  a 
means  of  giving  such  persons  quick  egress  from  the 
building  in  case  of  fire.  It  is  the  universal  experience 
that  where  vertical  ladders  are  used  firemen  invariably 
have  to  rescue  the  tenants  and  carry  them  down  the 
ladders.  The  stairs  will  cease  to  be  stairs  if  they  are 
placed  at  too  great  an  angle  so  as  to  be  nearly  per- 
pendicular. There  will  be  a  constant  tendency  on  the 
part  of  owners  to  do  this  as  it  will  make  possible 
shorter  fire-escape  balconies,  thus  reducing  the  cost 
and  also  putting  less  weight  upon  the  walls  of  the 
building,  but  it  must  not  be  permitted.  Sixty  de- 
grees is  the  maximum  angle  that  should  be  permitted; 
45  would  be  better. 

NOTE  8:  The  steps  must  be  flat,  not  round  double 
rungs  as  are  put  on  a  ladder,  as  these  will  not  seem  to 
have  the  security  of  stairs  and  heels  will  catch  in  them. 
The  minimum  dimensions  herein  laid  down  are 
necessary  in  order  to  secure  stairs  that  are  not  too 
steep  or  too  narrow  and  that  will  give  a  firm  foothold. 

NOTE  9:  Fire-escape  openings  must  be  large 
enough  to  permit  persons  of  ordinary  size  to  get 
through  them  readily.  It  is  surprising  what  a  small 
hole  people  can  get  through  if  they  have  to.  The 
minimum  established  here  has  been  fixed  upon  as 
sufficient  in  most  cases. 

NOTE  10:  Covers  over  the  openings  of  fire-escape 
balconies  should  not  be  permitted.  Some  people  will 
want  to  provide  hinged  covers  because  of  accidents 
occasioned  by  people  falling  through  the  openings, 
children  playing  on  them,  and  so  forth.  When  fire 

1 86 


§53  FIRE    PROTECTION 

comes  the  covers  will  be  found  to  be  rusted  down  or 
to  be  covered  over  and  cannot  be  moved  and  people 
will  be  burned  to  death.  The  balconies  should  be 
kept  free  and  for  the  purpose  of  escape  in  case  of  fire. 
Fire-escapes  are  not  playgrounds. 

NOTE  1 1 :  It  often  happens  that  owing  to  the  loca- 
tion of  the  fire,  escape  is  cut  off  below  and  tenants 
cannot  go  down  the  fire-escape  balconies;  they  there- 
fore must  be  given  a  chance  to  go  up  and  escape  from 
the  roof  to  the  roof  of  a  neighboring  building.  That 
is  why  the  goose-neck  ladder  to  the  roof  is  made  neces- 
sary. In  such  cases  tenants  can  be  rescued  from  the 
roof  by  firemen,  or  more  frequently  can  flee  to  adjoin- 
ing roofs.  Such  a  ladder  is  as  necessary  at  the  front 
of  a  building  as  at  the  rear.  To  require  it,  however, 
in  some  cases  would  mean  disfigurement. 

NOTE  12:  Drop  ladders  are  necessary  from  the 
lowest  balconies;  otherwise  the  tenants  cannot  get 
down.  Such  ladders  should  be  light  in  weight,  not 
too  long,  but  always  long  enough  to  reach  to  the 
ground.  In  some  cities  a  type  of  counter-balanced 
stairs  is  required;  this  works  on  weights  and  when 
not  in  use,  is  kept  hanging  in  the  air  in  a  horizontal  po- 
sition at  the  level  of  the  lowest  balcony.  By  stepping 
on  one  of  the  steps  the  weight  of  the  body  brings  the 
ladder  into  vertical  position;  this,  however,  is  an 
awkward,  heavy  and  cumbersome  device  and  is  ob- 
jected to  by  property  owners  as  an  unnecessary  dis- 
figurement to  their  building,  and  rightly  so.  It  gets 
out  of  order  quite  as  frequently  as  a  drop  ladder,  if 
not  more  so.  Drop  ladders  will  often  be  found  rusted 
tight  and  therefore  should  be  frequently  inspected  to 
see  that  they  are  in  working  order. 

NOTE  13:  All  the  essential  requirements  for  fire- 
escape  balconies,  their  location  and  construction,  are 
contained  in  this  section.  Other  details  of  their  con- 
struction, such  as  the  sizes  of  iron,  methods  of  bolting, 
and  so  forth,  may  be  safely  left  to  supplementary  regu- 
lations to  be  adopted  by  the  inspector  of  buildings  or 
other  public  official  performing  similar  functions  or 
by  the  local  legislative  authorities. 

§  53.  ROOF  EGRESS;  SCUTTLES  AND  BULKHEADS.  1  Every 
flat-roofed  multiple-dwelling  hereafter  erected  exceeding 
one  story  in  height  shall  have  in  the  roof  a  bulkhead2  or  a 

,87 


A    MODEL   HOUSING    LAW  §  53 

scuttle  not  less  than  two  feet  by  three  feet  in  size.  Such 
scuttle  or  bulkhead  shall  be  fire-resistive  or  covered  with 
metal  on  the  outside  and  shall  be  provided  with  stairs 
leading  thereto  and  easily  accessible3  to  all  occupants  of 
the  dwelling.  No  scuttle  or  bulkhead  shall  be  located  in  a 
closet  or  room,  but  shall  be  located  in  the  ceiling  of  the 
public  hall  on  the  top  floor,  and  access  through  the  same 
shall  be  direct  and  uninterrupted. 

Explana-  NOTE  i :   The  purpose  of  this  requirement  is  two- 

tion  fold.     First,  to  afford  a  means  of  egress  to  the  roof 

of  the  building  and  thence  to  the  roofs  of  adjoining 
buildings  and  to  safety  in  the  event  of  escape  below 
being  cut  off.  This  is  valuable  only  in  the  case  of 
flat-roofed  houses.  Its  second  purpose  is  to  afford 
a  means  by  which  smoke  and  flames  can  be  quickly 
vented.  The  firemen  by  pushing  up  the  scuttle  and 
venting  the  smoke  and  flames  can  quickly  save  the 
building,  whereas  without  this  the  building  might  be 
destroyed. 

NOTE  2:  The  bulkhead  is  a  sort  of  small  penthouse 
or  structure  on  top  of  the  roof;  in  this  case  it  is  an 
enclosure  for  the  stairs  leading  to  the  roof.  It  is 
necessary  because  without  it  the  stairs  cannot  extend 
to  the  roof  and  afford  means  of  exit  that  way.  It 
should  be  noted  fhat  this  provision  does  not  require  a 
bulkhead  but  gives  the  owner  the  option  of  furnishing 
either  a  bulkhead  or  a  scuttle.  A  bulkhead  with 
stairs  leading  to  the  roof  of  multiple  dwellings  oc- 
cupied by  many  families  is  undoubtedly  better  than 
a  scuttle  with  a  ladder  leading  to  it.  The  require- 
ment that  the  scuttle  or  bulkhead  shall  be  covered  on 
the  outside  with  metal  is  to  secure  the  safety  of  the 
building  in  the  event  of  fire  in  the  neighborhood  and 
prevent  sparks  which  may  blow  to  the  roof  from  burn- 
ing through  the  scuttle  or  bulkhead,  as  would  be 
likely  if  of  wood  and  unprotected. 

NOTE  3 :  If  egress  to  the  roof  is  to  be  relied  upon  it 
must  be  easily  accessible  to  the  occupants  of  the  build- 
ing. If  the  ladder  leading  to  the  scuttle  is  locked  up 
in  a  closet,  the  key  is  apt  to  be  missing  when  fire 
breaks  out  and  the  tenants  relying  on  this  means  of 
egress  would  then  become  trapped  in  the  hallway  on 
the  top  floor.  A  further  provision  will  be  found  in 
1 88 


§§  54>  55  FIRE  PROTECTION 

Section  1 15  prohibiting  the  locking  of  any  scuttle  or 
bulkhead  with  a  key  for  similar  reasons. 

§  54.  STAIRS  AND  PUBLIC  HALLS.  Every  multiple-dwell- 
ing hereafter  erected  shall  have  at  least  one  flight  of  stairs 
extending  from  the  entrance  floor  to  the  roof,  and  the 
stairs  and  public  halls  therein  shall  each  be  at  least 
THREE  feet  wide  in  the  clear.  All  stairs  shall  be  con- 
structed with  a  rise  of  not  more  than  EIGHT  inches  and 
with  treads  not  less  than  TEN  inches  wide  and  not  less 
than  THREE  feet  long  in  the  clear.  Winding  stairs  will 
not  be  permitted. 

NOTE:  The  requirement  that  the  stairs  shall  afford  Explana- 
roof  egress  has  already  been  shown  to  be  a  necessity,  tion 
Three  feet  is  the  minimum  width  appropriate  for 
stairs  in  buildings  used  by  many  occupants.  In  fact 
this  is  a  little  too  narrow  and  many  owners  will  build 
stairs  wider  than  this.  It  is  important  to  limit  the 
rise  of  the  stair  to  not  more  than  8  inches  for  two 
reasons:  a  steeper  rise  will  be  found  dangerous  in 
case  of  fire,  as  people  running  down  in  a  hurry  will  fall, 
and  pile  themselves  up  in  a  mass  at  the  foot;  stairs 
steeper  than  this  are  also  injurious  to  climb,  especially 
in  the  case  of  women.  Winding  stairs  are  prohibited 
because  in  case  of  fire  people  in  their  hurry  to  get  out 
are  likely  to  fall  and  pile  themselves  up  in  a  huddled 
mass  at  the  foot,  thus  causing  injury  and  in  many 
cases  death. 

§  55.  STAIR  HALLS.  In  multiple-dwellings1  hereafter 
erected  which  exceed  TWO  stories  in  height  or  which  are 
occupied  by  more  than  TWO  families  on  any  floor  above 
the  entrance  story,2  the  stair  halls3  shall  -be  constructed  of 
fire-resistive  material  throughout.  The  risers,  strings  and 
balusters  shall  be  of  metal,  concrete  or  stone.  The  treads 
shall  be  of  metal,  slate,  concrete  or  stone,  or  of  hard  wood4 
not  less  than  two  inches  thick.  Wooden  hand-rails  to  stairs 
will  be  permitted  if  constructed  of  hard  wood.  The  floors 
of  all  such  stair  halls  shall  be  constructed  of  iron,  steel  or 
concrete  beams  and  fire-resistive  filling,  and  no  wooden 
flooring  or  sleepers  shall  be  permitted. 

.89 


A    MODEL    HOUSING    LAW  §  56 

Explana-  NOTE  i :  Again  it  should  be  noted  that  this  pro- 

ton vision  for  fire-resistive  stairs  applies  only  to  multiple 

dwellings  and  even  then  only  to  certain  types  of  mul- 
tiple dwellings.  Stair  halls  in  private  houses  and 
two-family  houses  can  be  built  of  ordinary  wooden 
construction. 

NOTE  2 :  It  should  be  observed  that  there  is  a  double 
condition  imposed  in  this  section  with  regard  to  the 
class  of  buildings  affected;  namely,  the  building  must 
be  either  over  two  stories  in  height  or  be  occupied  by 
more  than  two  families  on  a  floor  to  have  the  provision 
apply.  If  either  of  these  conditions  exist,  then  the 
section  applies;  that  is,  if  the  building  is  a  three- 
story  building  with  only  one  family  on  a  floor  the 
stair  hall  must  be  fire-resistive.  Again,  if  the  building 
is  but  two  stories  high  and  there  are  three  families  on  a 
floor  above  the  first,  the  stair  hall  must  be  fire-resistive. 

NOTE  3:  The  stair  halls  in  multiple  dwellings  are 
the  danger  points  in  case  of  fire.  No  matter  where 
the  fire  starts,  the  invariable  experience  is  that  it 
spreads  almost  immediately  to  the  stair  hall,  which 
acts  as  a  gigantic  flue.  Furthermore,  this  is  the 
normal  place  of  escape  for  the  occupants  of  the  build- 
ing. Their  first  instinct  is  to  rush  to  the  means  of 
egress  which  they  ordinarily  use.  It  is  essential, 
therefore,  that  such  portions  of  the  building  shall  be 
fire-resistive  throughout  so  that  when  the  fire  gets 
there  it  may  quickly  burn  itself  out  and  have  nothing 
to  feed  upon.  In  buildings  constructed  as  provided  in 
this  section  and  with  a  ventilating  skylight  over  the 
stairs,  as  is  required  in  Section  39,  a  fire  would  quickly 
burn  itself  out  and  be  vented  at  the  roof,  thus  insur- 
ing the  safety  of  the  occupants. 

NOTE  4:  Hard  wood  treads  are  permitted  if  not 
less  than  2  inches  thick  because  such  a  tread  will  be 
slow  in  burni'ng  and  could  not  possibly  burn  through 
before  the  tenants  would  have  a  chance  to  escape. 
Treads  of  this  kind  permit  the  stairs  to  have  a  finish 
which  a  slate  or  marble  tread  does  not  give;  as  the 
structure  of  the  stairs  is  made  of  iron,  stone  or  con- 
crete, they  will  in  most  cases  be  supported  by  an  iron, 
stone  or  concrete  tread  or  frame  beneath  them. 

§  56.   STAIR   ENCLOSURES.     In   all   multiple-dwellings1 
hereafter  erected  which  exceed  TWO  stories  in  height  or 

190 


§  56  FIRE    PROTECTION 

which  are  occupied  by  more  than  TWO  families  on  any 
floor  above  the  entrance  story,  all  stair  halls  shall  be  en- 
closed2 on  all  sides  with  walls  of  brick3  not  less  than  eight 
inches  thick  or  other  approved  fire-resistive  material  of 
sufficient  strength,  except  that  one  or  more  sides  may  be  left 
open4  to  the  street,  yard  or  court.  The  doors  opening  from 
such  stair  halls  shall  be  fire-resistive  and  self-closing.6  There 
shall  be  no  transom  or  sash  or  similar  opening5  from  such 
stair  hall  to  any  other  part. of  the  house. 

NOTE  i :  This  section  applies  only  to  certain  classes  Explana- 
of  buildings,  as  explained  in  Notes  i  and  2  under  the 
discussion  of  Section  55. 

NOTE  2 :  It  has  been  pointed  out  in  Note  3  under  the 
discussion  of  Section  55  that  the  stair  hall  is  the[danger 
point  in  the  multiple  dwelling.  This  being  so,  the 
complete  fire-resistive  construction  of  stair  halls  is  the 
keystone  of  the  arch  of  safety  of  the  building.  In 
order  to  prevent  fires  spreading  from  stair  halls  to 
apartments  or  rooms, — "mushrooming  out,"  as  it  is 
called, — the  stairs  must  be  enclosed  in  brick  walls. 
Where  the  stair  halls  are  separated  from  the  apart- 
ments by  the  ordinary  lath  and  plaster  partition,  the 
fire  quickly  eats  its  way  through  it. 

NOTE  3:  It  may  be  asked  why  these  walls  are 
limited  to  brick  or  other  "approved"  fire-resistive 
material.  The  stair  hall  is  so  strategic  a  point  in  the 
fight  against  fire  that  no  chances  with  inferior  mate- 
rial can  be  safely  taken  here,  whatever  may  be  per- 
mitted in  other  parts  of  the  dwelling.  It  is  important, 
too,  that  these  walls  or  partitions  should  be  thick 
enough  and  strong  enough  to  stand  up  against  water 
pressure  in  a  fierce  fire  when  the  hose  is  turned  on 
them.  For  this  reason  it  is  required  that  the  walls 
shall  be  eight  inches  thick  if  of  brick,  and  of  sufficient 
strength  if  of  other  material. 

NOTE  4:  This  exception  is  made  so  as  to  permit 
the  use  of  outside  stairs  and  of  "open  stairs/'  or 
stairs  with  one  side  open  to  the  outer  air. 

NOTE  5 :  The  ideal  condition  would  be  to  have  the 
stair  hall  shut  off  completely  from  the  apartments 
without  any  openings  from  the  stair  hall  to  the  apart- 
ments. This,  however,  is  of  course  impossible,  as 
there  must  be  door  openings  in  the  walls  enclosing 
191 


A    MODEL    HOUSING    LAW  §  56 

the  stair  hall  to  give  the  tenants  access  to  their  rooms; 
but  these  should  be  the  only  openings.  Transoms 
or  windows,  either  movable  or  stationary,  should 
under  no  circumstances  be  permitted,  not  even  when 
they  are  made  of  wire-glass.  No  liberties  can  be 
taken  with  this  vital  point  of  the  building.  Each 
opening  means  weakness.  For  these  reasons  it  is 
deemed  necessary  that  the  doors  leading  from  the 
hall  to  the  apartments  shall  be  both  fire-resistive  and 
self-closing,  so  that  in  the  event  of  fire,  if  the  fire  starts 
in  an  apartment  it  cannot  quickly  eat  through  the 
panels  of  a  wooden  door  and  thus  communicate  to 
the  stair  hall  and  spread  throughout  the  building 
endangering  the  lives  of  the  occupants;  nor,  vice 
versa,  can  the  fire  eat  through  from  the  stair  hall  to 
the  apartments  of  the  tenants.  For  this  reason  a 
fire-resistive  door  is  necessary.  This  does  not  mean  an 
iron  door;  the  ordinary  "kalomein"  door  is  entirely 
adequate;  this  is  a  wooden  door  the  edges  and  sides 
of  which  have  been  carefully  covered  with  metal.  It 
is  a  standard  fire  door  recognized  by  the  underwriters 
throughout  the  country.  Many  fire  authorities  con- 
sider it  better  than  a  metal  door  as  it  is  slow-burning 
and  will  not  warp  in  case  of  extreme  heat  as  an  iron 
door  would.  The  manufacture  of  metal-covered  doors 
has  been  so  perfected  that  it  is  difficult  for  the  ordi- 
nary observer  to  tell  them  from  wood,  stained  and 
finished  as  they  are  to  represent  oak  or  mahogany; 
thus  they  are  not  an  eye  sore  when  used  in  high- 
grade  buildings. 

NOTE  6:  The  requirement  that  the  doors  shall  be 
self-closing  is  for  the  purpose  of  safeguarding  the  situ- 
ation where  a  tenant  is  aroused  by  a  cry  of  fire  or 
smells  smoke,  opens  the  door  of  his  apartment  leading 
to  the  stair  hall,  is  met  by  a  gust  of  smoke  or  flame 
and  rushes  back  into  his  apartment  and  thence  to  the 
fire-escape,  leaving  the  door  from  the  apartment  to 
the  hall  open,  thus  permitting  the  flames  to  enter  the 
apartment  and  destroy  it.  The  self-closing  door 
insures  the  closing  of  the  door  even  if  the  occupant 
becomes  panic  stricken.  This  is  a  very  important 
requirement.  It  involves  no  material  cost,  as  the 
purposes  of  the  act  are  met  if  the  door  is  provided 
with  a  strong  spiral  spring  or  is  so  hinged  as  to  close 
itself,  as  can  easily  be  done  by  giving  the  hinge  a 
slight  inclination. 

192 


§§  57>    5<3  FIRE    PROTECTION 

§  57.  ENTRANCE  HALLS.  Every  entrance  hall  in  a  mul- 
tiple-dwelling hereafter  erected  shall  be  at  least  FOUR 
FEET  SIX  INCHES  wide1  in  the  clear,  and  shall  comply 
with  all  the  conditions  of  the  preceding  sections  as  to  the 
construction  of  stair  halls.2-  In  every  multiple-dwelling 
hereafter  erected,  access3  shall  be  had  from  the  street  or 
alley  to  the  rear  yard,  either  in  a  direct  line  or  through  a 
court  or  side  yard. 

NOTE  i :  As  the  tenants  from  all  the  upper  stories  Explana- 
in  case  of  fire  have  to  use  the  same  entrance  hall  to  get  tion 
access  to  the  street,  it  is  obvious  that  it  is  necessary  to 
have  the  entrance  hall  wider  than  the  individual  halls 
on  each  story.     The  minimum  prescribed  here  is  the 
minimum.     Most  builders  will  leave  a  wider  entrance 
hall.     Five  feet  is  none  too  wide. 

NOTE  2:  The  entrance  hall,  as  it  is  an  essential 
part  of  the  way  out  of  the  building  in  case  of  fire,  will 
of  course  have  to  be  constructed  fire-resistive  in  the 
same  way  that  the  stair  halls  are  at  each  story. 

NOTE  3:  Access  from  street  to  yard  is  important 
both  as  a  means  of  egress  for  the  tenants  who  may  go 
down  the  rear  fire-escapes  or  rear  stairs,  and  also  as 
a  means  of  access  to  the  rear  of  the  building  for  the 
firemen  who  may  wish  to  fight  the  fire  from  the  rear 
of  the  building  and  who  might  be  prevented  from  so 
doing  if  there  were  not  such  rear  access.  The  best 
access  is  on  the  ground  floor  in  a  direct  line  from  the 
street  by  extending  the  entrance  hall  to  the  yard. 
Sometimes  this  is  not  feasible.  In  such  cases  the 
next  best  access  is  by  a  tunnel  or  passageway  through 
the  cellar  in  a  straight  line  from  the  street  to  the  yard. 

§  58.  DUMB-WAITERS  AND  ELEVATORS.  In  multiple- 
dwellings  hereafter  erected  all  dumb-waiters  and  eleva- 
tors shall  be  enclosed  in  fire-resistive  shafts1  with  fire- 
resistive  doors  at  all  openings  at  each  story,  including  the 
cellar.  In  the  case  of  dumb-waiters  such  doors  shall  be 
self-closing.2  No  elevator  shall  be  permitted  in  the  well- 
hole  of  stairs3  but  every  elevator  shall  be  completely  sepa- 
rated from  the  stairs  by  fire-resistive  walls  enclosing  the 
same. 

13  193 


A    MODEL   HOUSING    LAW  §  59 

Explana-  NOTE  i :  Any  vertical  shaft,  such  as  an  elevator  or 

j.j0|j  dumb-waiter  shaft,  extending  throughout  the  build- 

ing, is  a  potent  means  of  spreading  fire,  as  it  acts  as  a 
flue,  and  fire  leaps  from  floor  to  floor  almost  im- 
mediately. It  is  therefore  essential  for  the  protection 
of  the  building  that  such  shafts  be  completely  enclosed 
within  fire-resistive  walls,  with  fire  doors  at  all  open- 
ings, especially  in  the  cellar,  as  the  cellar  is  the  greatest 
danger  point,  owing  to  the  accumulation  of  waste 
materials  usually  found  there. 

NOTE  2:  In  the  case  of  dumb-waiters  the  doors 
should  be  self-closing  for  the  reasons  pointed  out  in  Note 
6  in  the  discussion  of  Section  56.  This  is  not  feas- 
ible in  the  case  of  elevators,  as  elevators  are  equipped 
with  sliding  doors  which  cannot  be  self-closing. 
Nor  is  there  such  necessity,  as  elevators  are  always 
operated  by  some  individual  who  can  be  relied  upon 
to  keep  the  doors  closed  for  purposes  of  safety. 

NOTE  3 :  Until  very  recently  the  practice  has  been 
general  not  only  in  multiple  dwellings  but  in  public 
buildings  such  as  office  buildings,  and  so  forth,  of 
locating  the  elevators  alongside  the  public  stairs  and 
even  in  the  same  well-hole.  Recent  experience  with 
one  or  two  disastrous  fires,  however,  has  shown  that 
the  elevator  with  its  greased  tracks  is  a  potent  source 
of  danger  in  case  of  fire  and  that  stairs  located  along- 
side the  elevators  are  likely  to  be  useless  if  fire  breaks 
out  in  the  region  of  the  elevators.  For  this  reason 
the  recent  practice  not  only  in  housing  laws  but  in 
building  codes  is  to  require  the  elevators  to  be  com- 
pletely separated  from  the  stairs  by  fire-resistive  walls. 

§  59.  CELLAR  STAIRS. l  In  multiple-dwellings  of  Class  A 
hereafter  erected  which  exceed  TWO  stories  in  height  or 
which  are  occupied  by  more  than  TWO  families  on  any 
floor  above  the  entrance  story,  there  shall  be  no  inside 
stairs  communicating  between  the  cellar  or  other  lowest 
story  and  the  floor  next  above,  but  such  stairs  shall  in 
every  case  be  located  outside  the  building. 

NOTE  i :  One-fourth  of  all  fires  in  multiple  dwellings 
Explana-  star^  m  cenars      These  frequently  contain  much  rub- 

bish and  waste  material,  and  tenants  and  sometimes 
outsiders  throw  matches  on  the  cellar  floors.     For 
194 


§  59  FIRE    PROTECTION 

these  reasons  the  cellar  is  a  danger  point.  In  order  to 
safeguard  the  lives  of  the  tenants  the  cellar  should  be 
completely  shut  off  from  the  upper  parts  of  the  build- 
ing. In  the  larger  buildings  this  should  be  done  by  a 
tier  of  fire-resistive  beams  and  fire-resistive  flooring, 
and  in  all  multiple  dwellings  there  should  be  no  inside 
communication  between  the  cellar  and  the  upper 
stories.  If  there  is  such  communication  in  the  form  of 
an  inside  stairs,  a  fire  which  starts  in  the  cellar 
will  quickly  spread  throughout  the  building  and 
endanger  the  lives  of  the  occupants.  While  it  is 
slightly  inconvenient  for  tenants  to  have  to  go  out- 
side of  the  building  into  the  yard  or  court  to  get 
down  into  the  cellar,  that  inconvenience  is  not  com- 
parable to  the  danger  arising  from  the  other  form 
of  construction.  This  inconvenience  can  be  mini- 
mized by  locating  the  outside  stairs  immediately 
adjoining  the  rear  wall  of  the  building  or  the  court 
wall  and  thus  not  causing  any  material  inconvenience. 
In  elevator  apartment  houses  both  the  elevator  shafts 
and  dumb-waiter  shafts  will  extend  down  into  the 
cellar,  but  as  these  will,  under  the  provisions  of  Sec- 
tion 58,  be  entirely  enclosed  with  brick  walls  and  be 
provided  with  fire  doors,  the  danger  of  fire  spreading 
through  this  means  is  practically  reduced  to  a  mini- 
mum. 

NOTE  2:  Where  serious  objection  is  made  to  the 
requirement,  the  following  Concession  may  safely  be 
adopted,  which  it  should  be  noted  applies  to  all 
classes  of  multiple  dwellings  and  not  merely  to  those 
of  Class  A. 

CONCESSION:  "In  multiple-dwellings  hereafter  erected  Concession 
which  exceed  TWO  stories  in  height  or  which  are  occupied 
by  more  than  TWO  families  on  any  floor  above  the  en- 
trance story,  all  inside  stairs  communicating  between  the 
cellar  or  other  lowest  story  and  the  floor  next  above  shall 
be  enclosed  with  brick  walls  not  less  than  eight  inches 
thick  or  with  walls  of  approved  fire-resistive  material  of 
sufficient  strength,  and  shall  be  provided  with  self-closing 
fire-resistive  doors  at  the  bottom  and  shall  not  be  located 
underneath  the  stairs  leading  to  the  upper  stories." 

195 


A    MODEL   HOUSING    LAW  §§6o,  61,62 


Explana 
tion 


Explana- 
tion 


Explana- 
tion 


§60.  CLOSET  UNDER  FIRST  STORY  STAIRS.  In  multiple- 
dwellings  hereafter  erected  no  closet  of  any  kind  shall  be 
constructed  under  any  staircase  leading  from  the  entrance 
story  to  the  upper  stories,  but  such  space  shall  be  left  en- 
tirely open  and  kept  clear  and  free  from  incumbrance. 

NOTE:  Closets  should  not  be  permitted  under 
stairs  leading  to  the  upper  stories.  If  they  are,  waste 
materials  will  accumulate.  Sometimes  oily  rags  will 
be  thrown  into  them  by  servants,  engineers  or  ten- 
ants. Spontaneous  combustion  may  take  place  and 
the  whole  stairs  suddenly  be  on  fire. 

§61.  CELLAR  ENTRANCE.  In  every  multiple-dwelling 
hereafter  erected  there  shall  be  an  entrance  to  the  cellar 
or  other  lowest  story  from  the  outside  of  the  said  building. 

NOTE:  The  purpose  of  this  section  is  to  enable  the 
firemen  to  quickly  get  at  a  cellar  fire  and  control  it. 

§62.  WOODEN  MULTIPLE-DWELLINGS.  1  No  wooden2 
multiple-dwelling  of  Class  A3  shall  hereafter  be  erected, 
and  no  wooden  building  not  now  so  used  shall  hereafter 
be  altered  or  converted  to  such  use. 

No  wooden  multiple-dwelling  of  Class  B4  shall  hereafter 
be  erected  exceeding  two  and  one  half  stories  in  height, 
and  no  wooden  building5  exceeding  two  and  one  half 
stories  in  height  shall  hereafter  be  altered  or  converted  to 
such  use. 

NOTE  i :  This  section  deals  with  a  type  of  construc- 
tion peculiar  to  New  England  and  the  dominant  type 
in  the  city  of  Boston  and  its  environs.  It  is  known 
as  the  wooden  "three-decker."  It  is  a  3-story  tene- 
ment house  built  of  wood,  generally  with  a  flat  roof, 
frequently  with  front  piazzas  and  almost  invariably 
with  rear  porches  at  each  story,  with  an  outside  rear 
stairs  serving  as  a  service  stairs.  The  chief  objection 
to  it  is  the  conflagration  hazard.  It  is  a  menace  both 
to  the  community  in  which  it  is  built  and  to  the 
people  that  live  in  it.  The  building  is  also  a  great 
depreciator  of  values  and  is  said  to  ruin  neighbor- 
hoods in  which  it  is  placed;  for,  it  is  an  extremely 
196 


§62  FIRE    PROTECTION 

objectionable  looking  type  of  house  and  at  once  con- 
verts what  was  a  select  private  residence  district  into 
a  tenement  quarter. 

Outside  of  New  England  the  type  is  almost  un- 
known. The  cost  of  building  a  3-story  flat  with  out- 
side walls  of  brick  instead  of  wood,  is  so  slightly  in 
excess  of  the  wooden  three-decker  that  there  is  really 
no  reason  for  encouraging  this  objectionable  type. 
In  fact  it  is  only  the  initial  cost  that  is  greater.  The 
brick  building  is  the  better  investment  in  the  long 
run.  For  further  discussion  of  this  question  see  paper 
entitled  "The  Menace  of  the  Three-Decker"  by 
Prescott  F.  Hall,  Chairman,  Town  Improvement  Com- 
mittee of  the  Brookline  Civic  Society,  Brookline, 
Mass.,  in  "Housing  Problems  in  America,"  Volume 
V.  1916,  pages  133  to  152,  also  National  Housing 
Association  publications  No.  39. 

It  is  significant  that  in  the  Report  of  a  Commission 
appointed  by  the  Mayor  of  Boston  to  study  Boston's 
Housing  Problems,  they  recommend  that  the  con- 
struction of  wooden  three-deckers  be  prohibited  in 
future,  asking, 

"What  Is  the  Advantage  of  the  Wooden  'Three- 
Decker'  Multiple  Dwelling? 

"It  furnishes  reasonably  sanitary,  well-lighted,  well- 
ventilated  homes  at  low  rents.  Persons  of  small 
capital  can  invest  in  them  when  they  cannot  afford 
to  take  the  risk  of  larger  and  more  expensive  buildings. 

"What  Are  the  Disadvantages? 

"The  usual  wooden  'three-decker'  is  cheaply  built 
and  therefore  deteriorates  rapidly.  After  the  first  few 
years  it. is  apt  to  be  neglected  both  by  owner  and 
tenant.  It  is  unsightly.  When  a  great  number  of 
these  buildings  cover  a  district  all  other  property 
tends  to  depreciate  in  the  vicinity.  And  there  is  of 
necessity  a  constant  fire  risk  in  such  a  district. 

"What  Is  the  Substitute? 

"Noncombustible  walls, or  second-class  construction. 
With  the  increasing  cost  of  lumber  this  type  of  build- 
ing will  not  be  of  much  greater  cost  at  the  outset. 
At  the  end  of  fifteen  years  the  second-class  building 
will  be  worth  far  more  than  the  wooden  building  and 
will  have  before  it  a  much  longer  future.  Wooden 
piazzas  or  porches  may  be  added  to  brick  or  concrete 
buildings  for  comfort  and  beauty.  A  type  of  dwelling 

197 


A    MODEL    HOUSING    LAW  §62 

can  be  provided  which  is  a  benefit  to  landlord,  tenant 
and  community  as  well. 

"The  committee  offers  herewith  an  amendment  to 
the  present  building  law  forbidding  the  future  erec- 
tion of  multiple  dwellings  of  third-class  construction/' 

NOTE  2:  In  some  of  the  larger  cities  wooden  tene- 
ment houses  are  permitted.  They  should  not  be 
tolerated.  They  are  not  only  a. danger  in  case  of 
fire  but  when  old  become  a  source  of  sanitary  evil, 
filled  with  vermin  and  disease  germs.  No  new  wooden 
tenement  houses  are  necessary.  Where  land  values 
are  so  low  that  brick  or  concrete  cannot  be  profitably 
constructed  tenement  houses  are  not  necessary  but 
the  population  can  be  profitably  housed  in  one-family 
or  two-family  dwellings. 

NOTE  3:  This  section  not  only  prohibits  the  erec- 
tion of  the  "three-decker"  or  3-story  wooden  tene- 
ment, but  of  all  wooden  tenements.  It  would  there- 
fore prevent  the  erection  of  a  type  known  to  some 
communities,  viz.,  a  two-story  wooden  building  with 
2  families  on  each  floor,  or  4  in  all.  This  is  deliberate. 
There  is  really  no  reason  why  such  buildings  should 
be  erected.  The  outside  walls  can  be  built  of  brick, 
concrete  or  clay  products  without  any  difficulty  and 
without  making  the  cost  of  such  a  building  prohibitive. 

NOTE  4:  It  will  be  noted  that  the  erection  of  wooden 
multiple  dwellings  of  Class  B  is  permitted.  The 
reason  for  this  is  that  it  would  be  a  hardship  in  many 
communities  to  prohibit  the  erection  of  small  wooden 
boarding  houses,  lodging  houses  and  hotels,  and  espe- 
cially to  prohibit  the  alteration  of  a  private  dwelling 
into  a  small  boarding  house.  All  of  such  buildings, 
however,  are  very  properly  limited  to  two  and  one 
half  stories  in  height. 

NOTE  5:  The  chief  opposition  to  this  section  will 
come-  from  owners  of  existing  wooden  private  dwell- 
ings who  want  to  be  allowed  to  convert  them  into 
multiple  dwellings  without  making  any  alterations 
whatsoever.  They  should  not  be  allowed  to  do  so. 
For  further  discussion  of  this  subject  see  Note  2  under 
Section  3. 


198 


ALTERATIONS 


ARTICLE  III 
ALTERATIONS  . 

In  this  article  will  be  found  the  provisions  which  must 
be.  observed  when  a  person  proposes  to  alter  an  existing 
dwelling. 

NOTE:  At  first  sight  it  will  seem  to  many  that  most 

f      ,  .    .  ^J ,    .  .     |  •  .    .  f 

of  the  provisions  in  this  article  are  a  repetition  of  pro- 
visions  to  be  found  in  Article  II.  While  it  is  true 
that  some  of  them  could  be  combined  with  similar 
sections  in  the  article  relating  to  new  buildings,  they 
have  purposely  been  placed  in  a  separate  article  for 
the  sake  of  greater  clarity  and  greater  facility  of  use. 
One  of  the  chief  advantages  of  this  law  lies  in  this  very 
fact,  that  it  is  so  divided  into  separate  parts,  that 
it  is  made  possible  for  different  interests  to  concern 
themselves  only  with  those  provisions  of  the  law  which 
directly  affect  them.  For  example,  the  owner  of  an 
existing  dwelling  will  have  to  concern  himself  only 
with  the  maintenance  provisions  (Article  IV)  and 
improvements  (Article  V),  and  of  course  the  general 
provisions  which  contain  the  definitions  (Article  I). 
He  will  not  have  to  wade  through  the  detail  of  the 
provisions  which  affect  new  buildings.  Similarly, 
the  builder  who  wants  to  erect  a  new  dwelling  will 
have  to  concern  himself  only  with  Articles  I  and  II, 
and  the  owner  of  an  existing  building  in  the  event  of 
his  contemplating  alterations  will  have  to  concern 
himself  only  with  the  provisions  of  this  article, 
namely,  Article  III. 


199 


A    MODEL    HOUSING    LAW 


§§  ?O, 


Explana- 
tion 


Explana- 
tion 


Explana- 
tion 


§  70.  PERCENTAGE  OF  LOT  OCCUPIED.  No  dwelling  shall 
hereafter  be  enlarged  or  its  lot  be  diminished,  or  other 
building  placed  on  its  lot,  so  that  a  greater  percentage  of 
the  lot  shall  be  occupied  by  buildings  or  structures  than 
provided  in  section  twenty  of  this  act. 

NOTE:  It  is  obvious  that  it  is  not  fair  to  permit  an 
old  dwelling  to  be  altered  so  as  to  cover  more  of  the 
lot  than  would  be  permitted  in  the  case  of  a  new  one. 
The  conditions  are  naturally  better  in  the  newer  build- 
ing. Failure  to  safeguard  this  point  would  lead  to 
the  almost  complete  evasion  of  the  law  with  respect 
to  new  buildings  as  was  shown  by  the  experience  of  an 
Eastern  city  some  years  ago,  referred  to  in  Note  i  under 
the  discussion  of  Section  3.  This  provision  not  only 
forbids  the  extension  of  an  existing  dwelling  beyond 
the  limits  specified,  but  also  prohibits  the  erection  of 
other  buildings  or  structures  on  the  same  lot  so  as  to 
cover  more  land  than  is  permitted. 

§  71 .  HEIGHT.  No  dwelling  shall  be  increased  in  height 
so  that  the  said  dwelling  shall  exceed  the  height  prescribed 
by  section  twenty-one  of  this  act.  This  provision  shall 
not  apply  to  hotels  as  defined  in  paragraph  four  of  section 
two. 

NOTE:  This  does  not  prohibit  the  increase  in 
height  of  an  existing  dwelling  but  does  prohibit  such 
increase  beyond  the  limits  allowed  for  new  dwellings. 

§  72.  YARDS.  No  dwelling  shall  hereafter  be  enlarged 
or  its  lot  be  diminished,  or  other  building  placed  on  the 
lot,  so  that  the  rear  yard  or  side  yard  shall  be  less  in  size 
than  the  minimum  sizes  prescribed  in  sections  twenty-two, 
twenty-three  and  twenty-four  of  this  act  for  dwellings 
hereafter  erected. 

NOTE:  It  should  be  observed  that  this  does  not 
prohibit  the  alteration  or  extension  of  existing  dwell- 
ings or  the  encroachment  on  an  existing  yard,  but 
only  prohibits  reduction  of  the  minimum  size  of  a 
rear  yard  or  side  yard  below  the  standard  established 
for  new  dwellings. 

200 


§73 


ALTERATIONS 


§  73.  NEW  COURTS  IN  EXISTING  DWELLINGS. x  Any 
court  hereafter  constructed  in  a  dwelling  erected  prior  to 
the  passage  of  this  act  and  used  to  light  or  ventilate 
rooms,2  public  halls  or  water-closet  compartments  shall  be 


FIGURE  35 
NEW  COURT  IN  AN  OLD  BUILDING 


not  less  in  its  least  horizontal  dimension  in  any  part  than 
ONE  THIRD  of  its  height  measured  as  prescribed  in  sec- 
tion twenty-five  and  such  court  shall  under  no  circum- 
stances be  roofed  or  covered  over  with  a  roof  or  skylight. 
Every  such  court,  if  an  inner  court,  shall  be  provided  at 

20 1 


A    MODEL    HOUSING    LAW 


74>75 


Explana- 
tion 


Explana- 
tion 


the  bottom  with  one  or  more  horizontal  air-intakes  con- 
structed and  arranged  as  provided  in  section  twenty-seven 
of  this  act. 

NOTE  i :  This  section  prescribes  the  limits  in  width 
and  area  of  a  new  court  which  may  be  hereafter  con- 
structed in  an  existing  dwelling  to  provide  light  and 
ventilation  for  rooms,  public  halls  or  water-closets.  It 
will  be  noted  that  this  requirement  corresponds  to 
the  requirement  for  courts  in  new  dwellings. 

NOTE  2:  This  section  assumes  especial  significance 
in  connection  with  the  requirement  contained  in  Sec- 
tion 1 20,  where  a  scheme  is  laid  down  for  the  bringing 
of  light  and  air  into  the  inner  dark,  windpwless  rooms 
which  exist  in  so  many  cities.  There  are  two  methods 
by  which  such  rooms  can  be  improved.  The  simpler 
and  cheaper  method  is  the  one  outlined  in  Section  1 20; 
namely,  the  cutting  in  of  a  window  in  the  partition 
between  the  inner  and  outer  room.  There  will  be 
cases,  however,  where  the  owner  desires  to  make 
greater  improvements  than  this  and  to  construct  a 
small  court  in  the  building  for  the  purpose  of  lighting 
the  inner  rooms  and  also  the  new  water-closets  which 
he  intends  installing  in  the  building  in  cases  where 
there  have  been  vaults  or  similar  receptacles  out  of 
doors  and  where,  under  the  provisions  of  Section  124, 
these  have  to  be  removed.  In  such  instances  it  is  to 
the  owner's  interest,  as  well  as  greatly  to  the 'interest 
of  the  tenants,  to  have  a  small  court  constructed  in 
the  building. 

§  74.  ADDITIONAL  ROOMS  AND  HALLS.  Any  additional 
room  or  hall  that  is  hereafter  constructed  or  created  in  a 
dwelling  shall  comply  in  all  respects  with  the  provisions  of 
article  two  of  this  act,  except  that  it  may  be  of  the  same 
height  as  the  other  rooms  or  hall  on  the  same  story  of  the 
dwelling. 

NOTE:  This  is  a  necessary  provision,  as  otherwise 
apartments  and  rooms  in  existing  dwellings  could  be 
subdivided  and  dark  rooms  and  rooms  too  small  in 
size  could  be  created. 

§  75.  ROOMS  AND  HALLS,  LIGHTING  AND  VENTILATION  OF. 
No  dwelling  shall  be  so  altered  or  its  lot  diminished  that 

202 


§75 


ALTERATIONS 


any  room  or  public  hall  or  stairs  shall  have  its  light  or  ven- 
tilation diminished  in  any  way  not  approved  by  the  health 
officer. 

NOTE:  It  has  been  found  necessary  to  enact  this 
"drag-net"  provision,  as  it  is  not  always  possible  to 
state  in  detail  all  of  the  circumstances  which  may 
arise  in  connection  with  the  alteration  of  the  interior 
of  existing  dwellings.  Without  such  a  provision  it 
has  been  found  that  alterations  which  prove  injurious 
to  the  welfare  of  the  occupants  are  often  brought  about. 
For  example,  an  extension  could  be  added  to  an  exist- 
ing dwelling  in  such  a  way  as  greatly  to  diminish  the 


Explana- 


DEFORE  ALTERATION  .  AFTER  "2.  NEW 

"A     IS  LIQHT  5.STCAREAPDED-7VIS  DARK 

FIGURE  36 


light  and  ventilation  of  existing  rooms,  although  the 
new  rooms  thus  created  might  have  adequate  light 
and  ventilation.  The  above  diagram  illustrates 
this.  A  represents  an  existing  room  which,  before 
the  extension  was  added,  was  flooded  with  light  and 
air.  Since  the  addition  of  the  extension  and  the  crea- 
tion of  two  new  rooms,  B  and  C,  A  has  become  almost 
uninhabitable,  though  rooms  B  and  C  are  strictly 
legal  and  are  desirable  rooms. 

In  a  similar  way  without  a  provision  of  this  kind 
it  would  be  possible  where  an  existing  public  hallway 
extends  to  the  rear  of  the  dwelling,  running  through 
from  the  street  to  the  yard  and  thus  affording  ample 
light  and  ventilation,  to  shut  this  off  and  make  a  room 
at  either  end  of  the  hall,  thus  making  the  hallway 
203 


A    MODEL    HOUSING    LAW 


76,77 


dark  and  without  ventilation.  Figure  37  illustrates 
this.  The  left-hand  diagram  shows  the  hallway  as  it 
was  originally.  The  right-hand  diagram  shows  the 
same  public  hallway  after  this  undesirable  alteration. 


Explana- 
tion 


HAU     LI&HT 
EXTENDS  TO  YARD 


HALL      DABK 
ROOM  BUILT  ACROSS  END 


FIGURE  37 

§  76.  ALCOVES  AND  ALCOVE  ROOMS.  No  part  of  any 
room  in  a  dwelling  shall  hereafter  be  enclosed  or  sub- 
divided, wholly  or  in  part,  by  a  curtain,  portiere,  fixed 
or  movable  partition  or  other  contrivance  or  device,  unless 
such  part  of  the  room  so  enclosed  or  subdivided  shall  con- 
tain a  window  as  required  by  sections  thirty-one  and  thirty- 
two  of  this  act,  and  have  a  floor  area  not  less  than  that 
required  by  section  thirty-three. 

NOTE:  The  necessity  for  not  permitting  dark  al- 
cove rooms  has  been  fully  discussed  in  the  notes  under 
Section  35.  It  is  apparent  that  if  we  do  not  wish  to 
have  new  dark  rooms  created  in  the  future  there  must 
be  a  provision  of  this  kind  to  prevent  the  alteration 
of  rooms  in  this  way. 

§  77.  SKYLIGHTS.  All  new  skylights  hereafter  placed  in  a 
multiple-dwelling  shall  be  provided  with  ridge  ventilators 
having  a  minimum  opening  of  FORTY  square  inches  and 
also  with  either  fixed  or  movable  louvres  or  with  movable 
sashes,  and  shall  be  of  such  size  as  may  be  determined  to 
be  practicable  by  the  health  officer. 

204 


§  78  ALTERATIONS 

NOTE:  It  should  be  noted  that  this  provision  re-  Explana- 
quires  no  change  in  existing  skylights.  It  applies  tjon 
only  to  those  which  may  hereafter  be  placed  in  an 
existing  house;  it  also  applies  only  to  multiple  dwell- 
ings. This  is  an  attempt  to  improve  the  existing  con- 
ditions of  light  and  ventilation,  especially  ventilation, 
in  the  dark  hallways  of  existing  multiple  dwellings. 
The  conditions  vary  so  greatly  in  different  buildings 
that  experience  shows  it  to  be  unwise  to  attempt  to 
outline  in  the  law  in  precise  terms  the  exact  condi- 
tions which  must  be  observed. 

§78.  WATER-CLOSET  ACCOMMODATIONS.  Every1  water- 
closet  hereafter  placed  in  a  dwelling,  except  one  pro- 
vided to  replace  a  defective  or  antiquated  fixture2  in  the 
same  location,  shall  comply  with  the  provisions  of  sec- 
tions thirty-seven,  forty-seven  and  forty-nine  of  this  act 
relative  to  water-closets  in  dwellings  hereafter  erected. 
Except  that  in  the  case  of  a  new  water-closet  installed  on 
the  top  floor  of  an  existing  dwelling,3  a  ventilating  sky- 
light open  to  the  sky  may  be  used  in  lieu  of  the  windows 
required  by  section  thirty-seven. 

NOTE  i :   It  is  obvious  that  it  will  not  do  to  permit  Explana- 
new  water-closets  to  be  placed  in  old  buildings  located 
in  the  dark,  or  with  antiquated  fixtures,  or  without 
waterproof  floors,  or  in  other  ways  to  perpetuate  the 
evils  of  the  older  types  of  fixtures. 

NOTE  2:  An  exception  is  properly  made  in  the  case 
where  a  new  fixture  is  put  in  to  replace  a  defective 
or  antiquated  fixture,  provided  it  is  in  the  same  loca- 
tion. For  instance,  there  will  frequently  arise  cases 
where  there  are  broken  fixtures  located  in  compart- 
ments which  are  not  lighted  and  ventilated  directly 
to  the  outer  air.  The  health  of  the  occupants  of  the 
house  requires  the  broken  fixture  to  be  taken  out  and  a 
new  fixture  substituted.  Unless  this  provision  were 
made  it  would  be  unlawful  to  replace  the  old  fixture 
because  the  closet  is  not  lighted  and  ventilated  to  the 
outer  air.  From  an  ideal  point  of  view  it  would  be 
desirable  to  require  all  existing  water-closets  which 
are  not  now  lighted  and  ventilated  to  the  outer  air 
to  be  abandoned  and  a  new  location  found  for  them, 
205 


A    MODEL   HOUSING    LAW  §§  79,  80 

but  this  is  not  a  practicable  plan,  as  it  involves  too 
great  an  expenditure  of  money  and  sacrifice  of  space 
on  the  part  of  the  owner  for  the  results  obtained. 

NOTE  3 :  It  is  often  desired  to  construct  a  new  bath 
room  or  place  an  additional  water-closet  on  the  top 
floor  of  an  existing  dwelling  in  a  location  where  there 
will  not  be  a  window  to  the  outer  air  but  a  skylight 
can  be  used  instead.  Ample  light  and  air  can  thus 
be  obtained  and  there  is  no  harm  in  permitting  this 
to  be  done.  This  assumes  especial  importance  in 
connection  with  the  removal  of  privy  vaults  required 
under  Section  124.  This  important  work  will  be 
greatly  facilitated  if  owners  realize  that  they  can 
place  the  water-closets  that  are  to  be  substituted  for 
the  privy  vaults  on  the  top  floor  of  the  building  and 
light  and  ventilate  them  by  ventilating  skylights  in 
the  roof.  No  attempt  has  been  made  to  lay  down  in 
the  law  the  minimum  size  of  the  skylight  or  the  amount 
of  ventilation  to  be  secured,  as  there  would  be  no 
object  on  the  part  of  the  owner  in  reducing  this  below 
a  proper  standard. 

§  79.  FIRE-RESISTIVE  DWELLINGS.  No  dwelling  shall 
hereafter  be  altered  so  as  to  exceed  THREE  stories  in 
height  unless  it  shall  be  a  fire-resistive  dwelling. 

Explana-  NOTE:    This   section   prohibits   the   extension   in 

height  of  an  existing  dwelling  above  the  limits  pre- 
scribed for  new  dwellings  laid  down  in  Section  50.  If 
the  limit  of  height  there  established  is  changed  from 
three  stories  to  something  else,  the  standard  in  this 
section  should  be  similarly  changed  to  correspond. 

§  80.  FIRE-ESCAPES.  All  fire-escapes  hereafter  con- 
structed on  any  multiple-dwelling  shall  be  located  and 
constructed  as  prescribed  in  section  fifty-two  of  this  act. 

NOTE:  This  section  in  no  way  affects  existing  fire- 

-  .  .  .  .  i  i    •     i  ii 

tjon  escapes.     It  applies  only  to  those  which  may  be  here- 

after erected  upon  a  multiple  dwelling.  It  is  obvious 
that  all  new  fire-escapes  that  are  constructed  in  the 
future,  whether  upon  a  new  dwelling  or  an  old  one, 
if  the  fire-escapes  are  themselves  new,  should  conform 
to  the  provisions  of  the  law  with  regard  to  fire-escapes 
on  new  dwellings. 

206 


§§  8 1 ,  82,  83,  84,  85  ALTERATIONS 

§  8 1 .  ROOF  STAIRS.  No  stairs  leading  to  the  roof  in  any 
multiple-dwelling  shall  be  removed  or  be  replaced  with  a 
ladder. 

§  82.  BULKHEADS.  Every  bulkhead  hereafter  con- 
structed in  a  multiple-dwelling  shall  be  constructed  fire- 
resistive  or  covered  with  metal  on  the  outside. 

NOTE:   The  reasons  for  requiring  bulkheads  to  be  Explana 
covered  with  metal  on  the  outside  have  been  fully  tion 
set  forth  in  the  discussion  under  Section  53. 

§  83.  STAIRWAYS.  No  public  hall  or  stairs  in  a  multiple- 
dwelling  shall  be  reduced  in-width  so  as  to  be  less  than  the 
minimum  width  prescribed  in  sections  fifty-four  and  fifty- 
seven  of  this  act. 


[.  DUMB-WAITERS  AND  ELEVATORS.  All  dumb- 
waiters and  elevators  hereafter  constructed  in  multiple- 
dwellings  shall  be  enclosed  in  fire-resistive  shafts  with  fire 
doors  at  all  openings  at  each  story,  including- the  cellar,  in 
the  case  of  dumb-waiters  such  doors  shall  be  self-closing; 
and  such  shafts  shall  be  completely  separated  from  the  stairs 
by  walls  of  approved  fire-resistive  material  enclosing  the 
same. 

NOTE:  This  section  does  not  apply  to  dumb-waiter  Explana- 
shafts  or  elevator  shafts  which  are  already  in  existence,  tion 
but  only  to  new  ones  which  may  be  installed  after 
the  act  takes  effect  both  in  new  dwellings  and  in 
existing  ones.     The  reasons  for  this  requirement  have 
been  fully  set  forth  in  the  discussion  under  Section  58. 

§85.  ALTERATION  OF  EXISTING  WOODEN  MULTIPLE- 
DWELLINGS.  No  existing  wooden  multiple-dwelling  of 
Class  A1  shall  hereafter  be  enlarged,  extended  or  raised, 
except  that  a  wooden  extension  not  exceeding  a  total  area 
of  seventy  square  feet  may  be  added,  provided  such  ex- 
tension is  used  solely  for  bath  rooms  or  water-closets.  Nor 
shall  any  such  existing  wooden  multiple-dwelling  be  so 
altered  or  have  its  occupancy  so  changed  as  to  be  occupied 

207 


A    MODEL    HOUSING    LAW  §  86 

by  more  than  one  family  on  any  floor.  No  existing  wooden 
multiple-dwelling  of  Class  B2  shall  hereafter  be  increased 
in  height  so  as  to  exceed  two  and  one-half  stories  in  height. 

Explana-  NOTE  i :    As  new  tenement  houses  constructed  of 

wood  are  entirely  forbidden,  it  is  obvious  that  the 
increase  in  height  of  existing  wooden  tenement  houses 
should  not  be  permitted.  It  will  not  do,  however,  to 
prohibit  absolutely  any  alteration  to  such  buildings. 
Additions  will  of  necessity  have  to  be  made  in  some 
cases,  especially  where  privy  vaults  are  removed  and 
water-closets  are  installed.  It  would  be  absurd  to  re- 
quire the  new  extension  to  a  wooden  tenement  house 
in  which  water-closets  are  to  be  located  to  be  of  brick. 
On  the  other  hand,  there' are  limits  which  should  be 
strictly  observed.  It  will  not  do  to  permit  the  in- 
definite extension  of  wooden  tenement  houses  or  any 
material  increase  in  the  number  of  families  living  in 
such  dangerous  buildings.  It  is  therefore  wise  to  pro- 
hibit their  alteration  so  that  they  will  not  be  occupied 
by  more  than  one  family  on  a  floor.  This  does  not 
mean  that  the  existing  wooden  tenement  house  which 
now  houses  two  or  even  more  families  on  a  floor  can- 
not be  altered  at  all.  The  language  is  precise.  It 
means  that  the  house  shall  not  be  so  altered  as  to  pro- 
vide accommodations  for  more  than  one  family  on  a 
floor  if  these  accommodations  are  not  there  at  the 
time  the  law  takes  effect.  The  objections  to  wooden 
tenement  houses  have  been  fully  set  forth  in  the  dis- 
cussion under  Section  62. 

NOTE  2:  It  obviously  will  not  do  to  permit  exist- 
ing wooden  boarding  houses  and  hotels  to  be  altered 
to  exceed  two  and  one  half  stories  in  height,  when 
the  erection  of  new  ones  beyond  that  height  is  pro- 
hibited under  Section  62. 

§  86.  WOODEN  BUILDINGS  ON  SAME  LOT  WITH  A  MUL- 
TIPLE-DWELLING. No  wooden  building  of  any  kind  what- 
soever shall  hereafter  be  placed  or  built  upon  the  same  lot 
with  a  multiple-dwelling  within  the  fire  limits,  and  no 
existing  wooden  structure  or  other  building  on  the  same 
lot  with  a  multiple-dwelling  within  the  fire  limits  shall 
hereafter  be  enlarged,  extended  or  raised. 

208 


§  86  ALTERATIONS 

NOTE:    This  section  is  intended  to  prohibit  the  Explana- 
erection  of  wooden  sheds  and  out-buildings  and  sim-  tion 
ilar  unsightly  and  dangerous  structures  on  the  same 
lot  with  multiple  dwellings  in  the  built-up  portions 
of  cities.     Such  structures  are  a  menace  in  case  of 
fire  and  are  also  objectionable  for  sanitary  reasons. 
They  are  subject  to  rapid  decay  and  become  harbor- 
ing places  for  dirt,  disease  germs  and  vermin. 


209 


A    MODEL    HOUSING    LAW  §§9°,  91 


ARTICLE  IV 
MAINTENANCE 

In  this  article  will  be  found  the  provisions  which  an 
owner  must  observe  with  regard  to  the  maintenance  of  a 
dwelling. 

§  90.  PUBLIC  HALLS,  LIGHTING  OF  IN  THE  DAYTIME.  In 
every  multiple-dwelling  where  the  public  halls  and  stairs 
are  not  in  the  opinion  of  the  health  officer  sufficiently 
lighted,  the  owner  of  such  dwelling  shall  keep  a  proper 
light  burning  in  the  hallway  near  the  stairs  upon  such 
floors  as  may  be  necessary  from  sunrise  to  sunset. 

Explana-  NOTE:   This  provision  is  for  artificial  light  in  the 

tjon  daytime.     In  some  houses  where  the  halls  and  stairs 

do  not  have  windows  to  the  outer  air  or  are  lighted 
and  ventilated  by  courts  too  small  in  size  the  halls  are 
often  dark  in  the  daytime.  Owing  to  the  varying 
conditions  which  exist  in  the  different  types  of  old 
houses,  it  is  not  wise  to  attempt  to  prescribe  definitely 
in  the  law  the  exact  conditions  under  which  it  shall 
be  necessary  to  keep  artificial  light  burning.  This  is 
a  case  where  the  matter  must  be  left  to  the  intelligence 
and  common  sense  of  the  health  officer.  It  is  greatly 
to  the  interest  of  owners  to  comply  with  this  section; 
otherwise,  in  the  event  of  injuries  resulting  to  a  tenant 
through  falling  on  the  stairs,  the  landlord  would  be 
liable  for  damages.  The  requirement  is  limited  to 
multiple  dwellings. 

§  91 .  PUBLIC  HALLS,  LIGHTING  AT  NIGHT.  In  every  mul- 
tiple-dwelling a  proper  light  shall  be  kept  burning  by  the 
owner  in  the  public  hallways  near  the  stairs  upon  each 
floor  every  night  from  sunset  to  sunrise  throughout  the 
year  if  so  required  by  the  health  officer. 

210 


§  92 


MAINTENANCE 


NOTE:  This  is  a  provision  for  lighting  the  public  Explana- 
halls  and  stairs  at  night.  It  applies  only  to  multiple 
dwellings  and  is  important  from  the  point  of  view  of 
protection  against  fire  and  also  from  the  point  of  view 
of  morality.  Where  halls  are  dark,  especially  in 
tenement  houses,  tenants  and  visitors  are  apt  to 
strike  matches  to  find  their  way,  often  throwing  the 
match  on  the  floor  before  it  is  fully  extinguished. 
Many  fires  start  in  this  way.  Dark  halls  have  also 
been  found  to  encourage  immoral  practices.  It  has 
not  been  attempted  to  state  precisely  in  the  act  the 
conditions  under  which  the  light  shall  be  kept  burning. 
As  in  the  preceding  section,  it  is  left  to  the  intelligence 
and  common  sense  of  the  health  officer.  In  some 
multiple  dwellings  of  the  higher  class  it  is  unnecessary 
to  maintain  a  light  all  night.  In  others  it  is  essen- 
tial. 

§92.  WATER-CLOSETS  IN  CELLARS.  No  water-closet 
shall  be  maintained  in  the  cellar1  of  any  dwelling  without 
a  permit  in  writing  from  the  health  officer,  who  shall  have 
power  to  make  rules  and  regulations  governing  the  main- 
tenance of  such  closets.  Under  no  circumstances  shall  the 
general  water-closet  accommodations  of  any  multiple- 
dwelling  be  permitted  in  the  cellar  or  basement  thereof; 
this  provision,  however,  shall  not  be  construed  so  as  to 
prohibit  a  general  toilet  room2  containing  several  water- 
(  closets,  provided  such  water-closets  are  supplementary 
to  those  required  by  law. 


NOTE  i  :  No  city  should  permit  the  maintenance 
in  the  cellar  of  the  general  water-closet  accommoda- 
tions  of  a  multiple  dwelling.  From  a  sanitary  point 
of  view  nothing  could  be  worse.  The  objections  to 
the  cellar  water-closet  have  been  fully  set  forth  in  the 
discussion  under  Section  47.  It  is  sometimes  neces- 
sary, however,  to  permit  individual  water-closets  in 
cellars.  There  may  be  stores  on  the  ground  floor  and 
no  space  for  the  water-closet  there.  There  may  be 
janitors'  apartments  in  the  cellars  and  there  must  be 
single  water-closets  there,  but  the  health  officer  should 
have  the  power  to  see  that  all  water-closets  are  main- 
tained under  proper  conditions. 

21  I 


ana- 


A    MODEL   HOUSING    LAW  §  93 

NOTE  2:  The  necessity  for  excepting  a  general 
toilet  room  in  a  high-class  hotel  where  the  closets  in 
the  toilet  room  are  supplementary  to  those  required 
by  law  has  already  been  discussed  under  Section  47. 

§93.  WATER-CLOSET  ACCOMMODATIONS.  In  every  dwell- 
ing existing  prior1  to  the  passage  of  this  act  there  shall 
be  provided  at  least  one  water-closet  for  every  TWO 
apartments,  groups  or  suites  of  rooms,  or  fraction  thereof.2 
Except  that  in  multiple-dwellings  of  Class  B3  there  shall 
be  provided  at  least  one  water-closet  for  every  FIFTEEN 
occupants  or  fraction  thereof. 

Explana-  NOTE  i:    It  should  be  observed  that  this  section 

tion  deals  with  the  sufficiency  of  water-closet  accommoda- 

tions in  dwellings  existing  prior  to  the  passage  of  the 
act.  So  far  as  new  dwellings  are  concerned  this  sub- 
ject is  taken  care  of  in  Section  47.  The  ideal  require- 
ment would  be  to  have  in  all  multiple  dwellings,  both 
old  and  new,  especially  those  of  a  residential  character, 
one  water-closet  for  every  family.  This  is  requisite 
not  only  for  decency  but  for  health.  The  public 
water-closet  is  a  potent  source  of  spreading  venereal 
disease  and  where  responsibility  for  its  use  is  divided, 
experience  shows  that  it  is  nearly  always  kept  in  a 
neglected  and  unsanitary  condition.  It  would  be 
deemed  extreme  in  some  cases,  however,  to  impose 
this  requirement  on  owners  of  existing  houses.  One 
water-closet  for  every  two  families,  however,  is  only 
what  decency  requires.  Nothing  less  than  this  should 
be  tolerated.  The  family  or  the  apartment  in  the 
case  of  buildings  of  this  type  is  the  best  basis  of  meas- 
urement. One  water-closet  to  so  many  occupants  is 
difficult  of  enforcement,  as  the  number  of  occupants 
in  such  houses  is  a  variable  element.  The  number 
of  apartments  in  the  building,  which  is  practically 
the  number  of  families,  is  on  the  other  hand  a  con- 
stant factor.  If  it  is  found  practicable  to  raise  the 
standards  and  require  one  water-closet  for  every 
family,  the  following  variation  is  suggested: 

Variation  VARIATION:    Strike  out  the  words  "two  apartments, 

groups  or  suites"  and  insert  "apartment,  group  or  suite" 

212 


§  94  MAINTENANCE 

NOTE  2 :  It  should  be  observed  that  where  there  are  Explanj 
not  a  sufficient  number  of  water-closets  already  in 
existence  for  the  number  of  apartments  in  the  build- 
ing and  it  is  necessary  to  provide  new  water-closets, 
the  new  water-closets  will  have  to  conform  to  the  re- 
quirements of  Sections  37,  47,  and  49  as  provided  in 
Section  78. 

NOTE  3:  In  the  case  of  multiple  dwellings  where 
the  occupancy  is  of  a  transient  nature,  such  as  hotels, 
boarding  houses,  lodging  houses,  and  so  forth,  namely, 
those  of  Class  B,  it  is  not  practicable  to  require  one 
water-closet  for  each  group  of  rooms,  as  the  rooms  are 
apt  to  be  let  singly.  The  only  standard  that  can  be 
fixed  here  is  on  the  basis  of  the  number  of  occupants. 
This  is  not  a  satisfactory  standard  but  will  on  the 
whole  give  reasonably  satisfactory  results.  One  closet 
for  every  15  persons  is  the  minimum.  A  similar  re- 
quirement will  be  found  in  most  of  the  labor  laws  of 
the  country  in  the  regulations  for  factories  where 
many  people  are  employed. 

§  94.  BASEMENT  AND  CELLAR  ROOMS.  No  room  in  the 
cellar1  of  any  dwelling2  erected  prior  to  the  passage  of 
this  act  shall  be  occupied  for  living  purposes.  And  no 
room  in  the  basement  of  any  such  dwelling  shall  be  so 
occupied  without  a  written  permit3  from  the  health 
officer,  which  permit  shall  be  kept  readily  accessible  in 
the  main  living  room  of  the  apartment  containing  such 
room.  No  such  room  shall  hereafter  be  occupied  unless 
all  the  following  conditions  are  complied  with: 

(1)  Such  room  shall  be  at  least  SEVEN  feet  high  in 
every  part  from  the  floor  to  the  ceiling. 

(2)  The  ceiling  of  such  room  shall  be  in  every  part  at 
least  THREE  FEET  SIX   INCHES  above  the  surface 
of  the  street  or  ground  outside  of  or  adjoining  the  same. 

(3)  There  shall  be  appurtenant  to  such  room  the  use  of 
a  water-closet. 

(4)  At  least  one  of  the  rooms  of  the  apartment  of  which 
such  room  is  an  integral  part  shall  have  a  window  opening 
directly  to  the  street  or  yard,  of  at  least  TWELVE  square 

213 


A    MODEL    HOUSING    LAW 


94 


Explana- 
tion 


Concession 


Explana- 
tion 


feet  in  size  clear  of  the  sash  frame,  and  which  shall  open 
readily  for  purposes  of  ventilation. 

(5)  The  lowest  floor  shall  be  water-proof  and  damp- 
proof. 

(6)  Such  room  shall  have  sufficient  light  and  ventilation, 
shall  be  well  drained  and  dry,  and  shall  be  fit  for  human 
habitation.4 

NOTE  i :  There  is  no  city  in  America  except  New 
York  which  needs  to  countenance  the  occupancy  of 
cellar  rooms  for  living  purposes.  Most  cellar  rooms 
are  unfit  to  be  used  as  living  places  by  human  beings; 
nor  is  there  in  many  cities  such  lack  of  living  accom- 
modations, or  pressure  of  population  or  inability 
to  spread  out  as  to  make  necessary  going  underground 
for  homes.  Notwithstanding  these  facts  it  is  sur- 
prising to  find- the  extent  to  which  cellar  rooms  are 
occupied  for  living  purposes  in  many  of  our  cities.  It 
is  because  no  effort  has  been  made  to  prevent  this 
evil.  Such  rooms  are  generally  low  priced  and  there 
are  always  plenty  of  people  who  will  live  under  any 
conditions,  no  matter  how  bad,  if  they  are  permitted 
to.  This  evil  should  be  dealt  with  with  a  stern  hand. 
If,  however,  it  is  felt  necessary  to  make  concessions 
in  this  respect  and  to  permit  the  occupancy  of  rooms 
in  cellars,  the  following  concession  might  be  con- 
sidered. (There  are  a  few  cellars  under  exceptional 
conditions  which  can  be  safely  occupied.) 

CONCESSION:  After  the  fifth  word  "cellar"  insert  the 
following:  "or  basement"  and  strike  out  the  period  after 
"purposes"  and  also  the  following  words:  "And  no  room 
in  the  basement  of  any  dwelling  shall  be  so  occupied" 

NOTE  2:  It  should  be  noted  that  this  section  re- 
lates solely  to  rooms  in  cellars  and  basements  already 
in  existence  at  the  time  the  act  takes  effect.  The 
conditions  which  govern  the  occupancy  of  cellar  and 
basement  rooms  in  new  dwellings  will  be  found  in 
Sections  42  and  43  and  in  those  other  provisions  of 
Article  1 1  which  deal  with  the  size  and  ventilation  of 
rooms,  and  so  forth. 

NOTE  3:  In  order  to  prevent  the  continuance  of 
improper  conditions  it  is  essential  that  the  health 
214 


§§  95>  96  MAINTENANCE 

officer  should  have  complete  control  over  the  occu- 
pancy of  basement  and  cellar  rooms  at  all  times.  This 
can  best  be  secured  by  requiring  a  written  permit 
from  the  health  officer  stating  that  such  rooms  can  be 
occupied.  It  is  also  desirable  to  require  that  a  copy 
of  the  permit  shall  be  kept  in  one  of  the  rooms  of  the 
apartment  so  that  it  can  be  seen  by  anyone  inspecting 
the  rooms  as  occasion  may  require. 

NOTE  4:  The  essential  conditions  which  make  a 
basement  room  fit  for  occupancy  are  that  the  rooms 
shall  be  sufficiently  high,  shall  be  reasonably  above 
ground,  shall  have  proper  light  and  ventilation  and 
be  free  from  dampness.  Certain  definite  standards 
are  therefore  established  in  this  section.  It  is  rec- 
ognized, however,  that  these  standards  may  be  ob- 
served and  yet,  owing  to  some  reason  unforeseen,  the 
rooms  may  not  be  fit  for  human  occupancy.  The 
health  officer  should  under  such  circumstances  be 
free  to  refuse  a  permit,  to  forbid  their  occupancy. 
The  "drag-net"  clause  requiring  that  the  rooms  shall 
have  sufficient  light  and  ventilation,  shall  be  well 
drained  and  dry,  and  shall  be  fit  for  human  habita- 
tion is  therefore  added.  Under  the  terms  of  this 
latter  provision  if  any  basement  rooms  are  occupied 
that  are  not  fit  for  occupancy,  the  fault  will  rest  with 
the  health  officer  who  can  be  quickly  called  to  ac- 
count. 

§95.  CELLAR  WALLS  AND  CEILINGS.  The  cellar  walls 
and  cellar  ceilings  of  every  dwelling  shall  be  thoroughly 
whitewashed  or  painted  a  light  color  and  shall  be  so 
maintained.  Such  whitewash  or  paint  shall  be  renewed 
whenever  necessary,  as  may  be  required  by  the  health 
officer. 

NOTE:  This  is  a  sanitary  measure.  A  coat  of  Explana- 
whitewash  on  cellar  walls  and  ceilings  will  do  wonders- 
as  a  germ  destroyer.  It  will  also  lighten  up  dark  cel- 
lars and  thus  show  up  dirt  and  rubbish  as  it  accumu- 
lates. The  cost  of  a  coat  of  whitewash  is  negligible. 
This  section  applies  to  cellar  walls,  not  to  basement 
walls. 

§96.  WATER-CLOSETS  AND  SINKS.  In  all  dwellings  the 
floor  or  other  surface  beneath  and  around  water-closets 

215 


A    MODEL    HOUSING    LAW  §  97 

and  sinks  shall  be  maintained  in  good  order  and  repair 
and  if  of  wood  shall  be  kept  well  painted  with  light  colored 
paint. 

Explana-  NOTE:  The  purpose  of  this  requirement,  especially 

tion  the  painting  of  the  woodwork   underneath   water- 

closets  and  sinks,  is  to  insure  the  keeping  of  these 
places  in  a  sanitary  condition.  As  they  are  frequently 
in  the  dark,  where  accumulations  of  dirt  and  filth  do 
not  show,  the  painting  of  the  floor  surface  underneath 
them  with  white  paint  will  at  once  show  up  such 
accumulations;  thus  leading  to  their  removal.  Objec- 
tion may  be  raised  to  this  provision  in  its  application 
to  high-class  private  dwellings,  where  the  owners  of 
such  houses  have  a  good  hardwood  floor  in  their 
bathrooms  and  object  to  having  a  square  of  white 
paint  under  the  water-closet  fixture.  Where  such 
objection  is  raised  and  is  raised  seriously  the  following 
concession  is  suggested : 

Concession         CONCESSION:    Omit   everything   after   the   word    "re- 
pair." 

§97.  REPAIRS.  Every  dwelling  and  all  the  parts  thereof 
shall  be  kept  in  good  repair  by  the  owner,  and  the  roof 
shall  be  kept  so  as  not  to  leak,  and  all  rain  water  shall  be  so 
drained  and  conveyed  therefrom  as  not  to  cause  dampness 
in  the  walls  or  ceilings  or  nuisance  to  adjacent  buildings. 

Explana-  NOTE:   In  some  cities  the  requirement  is  made  that 

not  only  rain  water  shall  not  cause  dampness  in  the 
walls  or  ceilings  but  that  it  shall  be  conveyed  from 
the  premises  so  as  to  prevent  the  water  from  dripping 
on  the  ground.  This  means  that  a  system  of  rain 
leaders  and  gutters  must  be  provided  on  the  outside 
of  the  building  and  these  in  turn  either  connected 
with  the  sewer  or  the  plumbing  system  of  the  build- 
ing, where  there  is  one,  or  conducted  to  the  street  by 
means  of  a  gutter  under  the  surface  of  the  yard  or 
court.  This  is  a  perfectly  proper  provision  but  in  the 
smaller  communities  where  the  customary  method  is 
to  permit  the  water  to  drip  on  the  ground,  objection 
is  made  to  it  out  of  all  proportion  to  the  benefits  to 
be  obtained.  Where  it  is  possible  to  require  that  the 
216 


§  98  MAINTENANCE 

water  shall  not  drip  on  the  ground  it  is  highly  de- 
sirable and  the  following  variation  is  therefore  sug- 
gested.   After  the  words  "and  conveyed  therefrom 
as  "  strike  out  the  rest  of  the  section  and  insert  the  - 
following: 

VARIATION  :   "  to  prevent  its  dripping  on  to  the  ground  Variation 
or  causing  dampness  in  the  walls,  ceilings,  yards  or  areas, 
or  nuisance  to  adjacent  buildings." 


5.  WATER-SUPPLY. l  Where  a  public  water-supply  is 
reasonably  accessible  as  provided  in  section  nine  of  this 
act5  every  dwelling  shall  have  within  the  dwelling  at  least 
one  proper  sink  with  running  water  furnished  in  sufficient 
quantity  at  one  or  more  places  exclusive  of  the  cellar.2  In 
two-family  dwellings  and  multiple-dwellings  of  Class  A 
there  shall  be  at  least  one  such  sink  on  every  floor,  accessi- 
ble to  each  family  on  the  floor  occupied  by  said  family 
without  passing  through  any  other  apartment.3  The 
owner  shall  provide  proper  and  suitable  tanks,  pumps  or 
other  appliances4  to  receive  and  to  distribute  an  adequate 
and  sufficient  supply  of  such  water  at  each  floor  in  the  said 
dwelling  at  all  times  of  the  year,  during  all  hours  of  the 
day  and  night.  But  a  failure  in  the  general  supply  of  city 
water  shall  not  be  construed  to  be  a  failure  on  the  part  of 
such  owner,  provided  proper  and  suitable  appliances  to 
receive  and  distribute  such  water  have  been  provided  in 
said  dwelling. 

NOTE  i :  A  plentiful  supply  of  pure  water  is  prob-  Explana- 
ably  the  greatest  essential  of  modern  civilization,  tion 
far  more  important  than  protection  against  fire  or 
the  elements.  Without  an  adequate  supply  of  water 
we  cannot  expect  to  have  good  citizens.  Cleanliness 
is  in  this  instance  above  godliness  or  rather  part  of 
it.  Most  of  the  unsanitary  and  disgraceful  condi- 
tions which  are  found  in  the  slums  of  our  cities  are 
due  to  the  lack  of  a  proper  water  supply  within  the 
dwelling  convenient  of  access  to  all  the  tenants. 
Where  all  the  water  that  must  be  used  can  be  had 
only  from  a  hydrant  in  the  yard  or  from  some  neigh- 
217 


A    MODEL    HOUSING    LAW 

boring  yard  and  has  to  be  carried  up  three  or  four 
flights  of  stairs,  cleanliness  is  at  a  premium;  not 
only  cleanliness  of  the  person  but  cleanliness  of  the 
dwelling.  The  unregenerate  slum  landlord  will 
strenuously  object  to  furnishing  water  inside  the 
house  but  we  are  on  safe  ground  in  insisting  on  no 
abatement  in  this  provision.  It  was  a  similar  pro- 
vision enacted  in  New  York  state  in  1887  that  was 
tested  and  went  to  the  Court  of  Appeals,  which  re- 
sulted in  the  decision  known  as  the  case  of  Health 
Department  vs.  Rector,  145  N.  Y.,  where  the  re- 
quirement to  furnish  water  inside  the  building  in  all 
existing  tenement  houses  was  not-  only  sustained  but 
a  decision  was  rendered  by  that  court  which  greatly 
strengthened  the  authority  of  the  police  power 
generally  throughout  the  country. 

NOTE  2:  Sanitary  conditions  will  not  result  if  the 
only  source  of  water  supply  is  a  sink  in  the  cellar. 
Such  sinks  are  bound  to  be  located  in  the  dark  and 
be  subject  to  abuse.  They  are  also  too  convenient 
of  access  to  passersby  and  neighbors  and  for  this 
reason  are  likely  to  be  abused.  It  is  also  imposing 
on  the  tenants  on  the  top  floor  too  great  a  burden  to 
have  to  carry  water  from  the  cellar  to  the  top  story. 

NOTE  3:  It  should  be  noted  that  this  provision 
does  not  go  to  the  extent  of  requiring  a  separate  sink 
in  each  apartment,  though  this  is  highly  desirable. 
In  new  dwellings  (Section  46)  this  is  required,  but  it 
might  be  considered  a  hardship  to  impose  a  similar 
requirement  in  the  case  of  the  older  buildings.  What 
is  required,  however,  is  that  there  shall  be  at  least 
one  sink  with  a  proper  supply  of  running  water  inside 
of  each  dwelling,  and  that  in  the  case  of  tenement 
houses,  flats  and  apartments,  and  similar  buildings 
there  shall  be  such  a  sink  inside  of  each  apartment 
or  in  the  public  hall  accessible  to  all  the  families  on 
that  floor. 

NOTE  4:  The  requirement  that  the  owner  shall 
provide  proper  and  suitable  tanks  and  other  appli- 
ances means  that  he  shall  provide  faucets  at  the  sinks, 
and  that  when  the  city  water  pressure  is  not  adequate 
to  supply  water  to  the  top  floors  he  must  install  a 
system  of  tanks,  or  pumps,  or  some  other  mechanism 
that  will  insure  an  adequate  supply  for  such  floors 
at  all  times.  This  is  essential  not  only  for  reasons 

218 


§§99>    IO°  MAINTENANCE 

of  cleanliness  and  morality  but  especially  important 
in  case  of  fire. 

NOTE  5:  This  section  is  of  course  subject  to  the 
limitations  of  there  being  a  communal  water  supply 
in  the  town  and  must  be  read  in  connection  with 
Section  9. 

§  99.  CISTERNS  AND  WELLS.  Where  there  is  no  city 
water-supply  reasonably  accessible  as  provided  in  section 
nine,  there  shall  be  provided  one  or  more  adequate  cisterns 
or  wells  with  a'  pump  or  other  attachment  for  drawing 
water,  but  with  no  opening  for  drawing  water  with  pails 
or  buckets.  Such  cisterns  or  wells  shall  be  furnished  of 
such  size  and  number  and  constructed  and  maintained  in 
such  manner  as  may  be  determined  by  the  health  officer. 

NOTE  :  This  is  necessary  in  undeveloped  communi-  Explana- 
ties  of  a  suburban  or  rural  character  where  there  is  tion 
no  communal  water  supply  and  where  it  is  necessary 
to  utilize  cisterns  or  wells.     It  has  not  been  thought 
wise  to  attempt  to  outline  in  the  law  the  detailed  re- 
quirements as  to  the  size  or  number  of  such  cisterns 
or  wells,  but  these  details  have  necessarily  been  left 
to  the  local  health  officer. 

§  100.  CATCH-BASINS.  In  the  case  of  dwellings  where, 
because  of  lack  of  city  water-supply  or  sewers,  sinks  with 
running  water  are  not  provided  inside  the  dwellings,  one 
or  more  catch-basins  or  some  other  approved  convenience 
for  the  disposal  of  waste  water,  as  may  be  necessary  in 
the  opinion  of  the  health  officer,  shall  be  provided  in  the 
yard  or  court,  level  with  the  surface  thereof  and  at  a  point 
easy  of  access  to  the  occupants  of  such  dwelling. 

NOTE:  This  is  a  provision  similar  to  the  preceding  Explana- 
one  and  applies  in  similar  communities  where  there  tion 
is  no  city  water  or  no  sewer  system,  and  where  some 
system  of  disposing  of  waste  water,  and  so  forth, 
other  than  carrying  it  down  and  dumping  it  in  the 
yard  or  emptying  it  out  of  the  window  should  be  pro- 
vided.    Catch-basins    are    a    necessary    temporary 
evil  and  should  not  be  tolerated  one  moment  beyond 
the  introduction  of  a  water  and  sewer  system.     The 
219 


A    MODEL   HOUSING    LAW  §  IOI 

catch-basin  that  is  referred  to  here  is  a  small  iron 
basin  or  grating  sunk  in  the  ground  into  which  waste 
water  can  be  emptied  and  can  drain  under  the  surface 
of  the  ground. 

§  101.  CLEANLINESS  OF  DWELLINGS.  Every  dwelling 
and  every  part  thereof  shall  be  kept  clean  and  shall  also 
be  kept3  free  from  any  accumulation  of  dirt,  filth,  rubbish, 
garbage  or  other  matter  in  or  on  the  same,  or  in  the  yards, 
courts,  passages,  areas  or  alleys  connected  with  or  be- 
longing to  the  same.  The  owner1  of  every  dwelling,  and 
in  the  case  of  a  private-dwelling  the  occupant  thereof, 
shall  thoroughly  cleanse  or  cause  to  be  cleansed  all  the' 
rooms,  passages,  stairs,  floors,  windows,  doors,  walls, 
ceilings,  privies,  water-closets,  cesspools,  drains,  halls, 
cellars,  roofs  and  all  other  parts2  of  the  said  dwelling,  or 
part  of  the  dwelling  of  which  he  is  the  owner,  or  in  the 
case  of  a  private-dwelling  the  occupant,  to  the  satisfaction 
of  the  health  officer,  and  shall  keep  the  said  parts  of  the 
said  dwelling  in  a  cleanly  condition  at  all  times.  But 
this  section  shall  not  be  construed4  to  require  the  owner 
to  keep  clean  the  individual  apartments  of  a  two-family 
dwelling  or  a  multiple-dwelling  of  Class  A,  except  where 
such  apartments  are  unoccupied.  It  shall  be  the  duty  of 
each  occupant  to  keep  the  portion  of  the  dwelling  occu- 
pied by  him  and  over  which  he  has  control  in  a  cleanly 
condition  at  all  times. 

Explana-  NOTE  i :  This  is  an  important  provision  and  places 

upon  the  owner  of  all  dwellings  other  than  private 
dwellings  the  responsibility  for  the  cleanliness  of  the 
building  and  premises.  In  the  case  of  a  private 
dwelling  it  is  obvious  that  it  is  more  reasonable  to 
hold  the  occupant  responsible.  This  provision,  how- 
ever, must  be  read  in  connection  with  Section  145 
which  provides  that  if  an  occupant  of  a  dwelling  fails 
to  comply  with  the  provisions  of  the  act  he  may  be 
summarily  evicted,  in  which  event,  the  house  being 
vacant,  the  health  officer  would  look  to  the  owner 
to  clean  up  the  unsanitary  conditions  before  a  new 
tenant  is  taken. 

220 


§   1O2  MAINTENANCE 

NOTE  2:  It  should  be  noted  that  in  this  section 
there  is  a  detailed  enumeration  of  all  the  various 
parts  of  the  dwelling  which  are  to  be  kept  clean. 
While  such  enumerations  are  generally  dangerous,  - 
this  is  safeguarded  by  adding  the  general  "drag-net'' 
provision  at  the  end  embracing  every  other  part 
which  may  have  been  forgotten.  There  is  a  distinct 
advantage  in  this  case  in  this  detailed  enumeration 
as  it  tends  to  indicate  to  the  courts  and  to  the  en- 
forcing officials  the  clear  intent  of  the  legislature. 

NOTE  3:  It  would  appear  at  first  glance  that  the 
repetition  of  the  words  "and  shall  be  kept"  in  the 
second  line  is  unnecessary  verbiage.  This  is  not  the 
case,  and  the  insertion  of  these  four  words  gives  a 
totally  different  meaning  to  the  provision  than  would 
be  had  if  they  were  omitted.  If  omitted  the  section 
might  be  interpreted  to  mean  that  the  dwelling  shall 
be  kept  clean  and  free  from  any  accumulation  of  dirt, 
filth,  and  so  forth.  This  the  court  might  hold  to 
mean  that  accumulations  should  not  be  allowed. 
This  is  a  very  different  thing  from  what  is  intended 
and  what  is  said;  namely,  that  all  the  parts  of  the 
building  shall  be  kept  clean  and  that  in  addition  they 
are  also  to  be  kept  free  from  accumulations  of  various 
kinds. 

NOTE  4:  There  has  been  some  doubt  in  the  minds 
of  owners  and  realtors  in  connection  with  this  same 
provision  in  the  earlier  edition  of  the  Model  Law  as 
to  the  division  of  responsibility  between  owner  and 
occupier  of  various  types  of  houses.  For  this  reason, 
there  has  been  added  a  provision  which  makes  this 
clear  beyond  question. 

§  102.  WALLS  OF  COURTS.  In  multiple-dwellings  the 
walls  of  all  courts,  unless  built  of  a  light  colored  material, 
shall  be  thoroughly  whitewashed  by  the  owner  or  shall 
be  painted  a  light  color  by  him,  and  shall  be  so  maintained. 
Such  whitewash  or  paint  shall  be  renewed  whenever  nec- 
essary, as  may  be  required  by  the  health  officer. 

NOTE:   This  requirement  is  for  the  purpose  of  im-  Explana- 
provihg  the  conditions  of  light  in  courts;  it  is  also  a  tion 
sanitary  measure,  a  coat  of  whitewash  being  a  most 
effective  agent  in  doing  away  with  dirt  and  germs. 
221 


A    MODEL    HOUSING    LAW  §§  103,  1 04 

§103.  WALLS  AND  CEILINGS  OF  ROOMS.  In  all  multiple- 
dwellings  the  health  officer  may  require  the  walls  and 
ceilings  of  every  room  that  does  not  open  directly  on  the 
street  to  be  kalsomined  white  or  .painted  with  white  paint 
when  necessary  to  improve  the  lighting  of  such  room  and 
may  require  this  to  be  renewed  as  often,  as  may  be  neces- 
sary. 

Explana-  NOTE:   This  is  an  important  provision  and  is  for 

tion  the  purpose  of  improving  the  lighting  of  rooms  that 

are  too  dark,  especially  those  in  the  older  buildings. 
A  coat  of  white  paint  on  walls  and  ceilings  will  do 
wonders  in  lighting  up  a  dark  room.  There  are  many 
basement  rooms  for  which  permits  for  human  oc- 
cupancy are  denied  because  the  rooms  are  too  dark, 
the  walls  being  painted  the  usual  "tenement-house 
green/'  for  which  permits  are  ultimately  granted 
when  the  walls  are  painted  white;  white  paint  does 
not  absorb  light  as  dark  paint  does  and  also  radiates 
it  more  readily. 

§  104.  WALLPAPER.1  No  wall  paper  shall  be  placed  upon 
a  wall  or  ceiling  of  any  dwelling2  unless  all  wall  paper 
shall  be  first  removed  therefrom  and  said  wall  and  ceiling 
thoroughly  cleaned. 

Explana-  NOTE  i :  This  section  does  not  prohibit  the  use  of 

wall  paper.  From  a  sanitary  point  of  view  it  would 
be  desirable  to  make  such  a  prohibition  in  the  case 
of  the  homes  of  the  poor,  but  this  is  not  possible  as 
tenants  in  high-class  flats  and  apartments  as  well  as 
in  tenements  desire  to  decorate  their  homes  in  this 
way.  The  section,  however,  does  prohibit  putting 
on  any  new  wall  paper  over  existing  wall  paper. 
While  this  adds  materially  to  the  cost  of  decoration 
of  rooms,  the  effect  of  the  enforcement  of  such  a 
provision  is  to  encourage  the  painting  of  walls — a 
much  more  sanitary  method — and  to  discourage  the 
use  of  wall  paper.  Wall  paper  is  objectionable  from 
two  points  of  view;  first,  because  disease  germs 
which  may  have  been  deposited  there  under  previous 
tenancy  are  thus  given  a  long  lease  of  life  'and  may 
affect  the  health  of  new  tenants.  This  is  especially 
so  in  the  case  of  tuberculosis.  Wall  paper  is  further 

222 


§  IO5  MAINTENANCE 

objectionable  in  the  homes  of  the  poor  for  the  reason 
that  it  encourages  vermin,  as  the  sweet  paste  is 
especially  agreeable  to  this  form  of  insect  life.  In 
some  cities  as  many  as  13  layers  of  wall  paper  have  - 
been  taken  from  one  wall,  and  this  not  in  a  cheap 
tenement  but  in  a  high-class  apartment  house. 

NOTE- 2:  Considerable  opposition  may  develop  to 
this  requirement  as  involving  unnecessary  expense 
on  the  owner,  and  especially  upon  working  people 
who  own  their  homes  and  live  in  single-family  dwell- 
ings. If  it  develops  that  this  opposition  is  very 
strong,  it  would  be  wise  to  make  a  concession  and  to 
exclude  private  dwellings  from  the  application  of 
the  section.  In  such  event  the  following  concession 
is  suggested: 

CONCESSION:  Change  the  word  "dwelling"  to  "multi-  Concession 
pie-dwelling" 

NOTE  3:  If  very  great  opposition  develops,  it  can 
do  no  great  harm  to  omit  the  entire  section,  relying 
on  the  ability  of  the  health  officer  to  remedy  any  bad 
conditions  that  may  arise  under  the  general  powers 
conferred  upon  him  under  Section  113.  « 

§  105.  RECEPTACLES  FOR  ASHES,  GARBAGE  AND  RUB- 
BISH. l  Suitable  tight,  non-absorbent  receptacles2  with 
covers,  for  holding  ashes,  rubbish,  garbage,  refuse  and 
other  waste  matter  shall  be  provided  and  maintained  for 
every  dwelling.  In  the  case  of  private-dwellings  and  two- 
family  dwellings  such  receptacles  shall  be  provided  by  the 
occupants.  In  the  case  of  multiple-dwellings  of  Class  A 
each  family  shall  provide  its  own  receptacles,  but  the 
owner  shall  provide  such  general  receptacles  to  receive 
such  waste  materials  as  may  be  necessary,  located  in  some 
convenient  place  accessible  to  all  the  occupants  of  such 
dwelling.  Wherever  the  owner  of  such  multiple-dwelling 
provides  individual  receptacles  for  each  apartment,  it 
shall  be  the  duty  of  the  occupant  of  such  to  keep  the  re- 
ceptacles used  by  him  in  a  cleanly  condition  at  all  times. 
The  construction  and  maintenance  of  garbage  chutes3  and 

223 


A    MODEL    HOUSING    LAW  10$ 

bins4  is  prohibited,  but  this  shall  not  be  construed  as  pro- 
hibiting garbage  incinerators  if  properly  constructed. 

Explana-  NOTE  i :  No  provision  is  more  important  than  this 

if  conditions  of  cleanliness  are  to  be  maintained  in 
and  around  the  dwellings  of  the  poor.  Where  proper 
receptacles  are  not  provided  in  which  t'o  put  waste 
material  so  that  this  may  be  promptly  removed  by 
the  city  authorities,  the  result  is  that  it  is  piled  up  in 
unsightly  and  disgusting  heaps  in  the  back  yard,  or 
in  the  cellar,  or  alley,  or  some  part  of  the  out-premises. 
In  the  case  of  most  multiple-dwellings  it  is  obvious 
that  the  responsibility  should  be  placed  upon  the 
owner  for  the  furnishing  of  these  receptacles.  In 
a  private  dwelling,  however,  the  occupant  has  com- 
plete control  over  the  dwelling  and  should  provide 
them.  Objection  may  be  raised  in  some  cities  to  this 
simple  and  elementary  provision,  claim  being  made 
that  the  metal  cans  which  have  been  provided  have 
been  stolen  by  the  tenants  and  sold  for  junk.  The 
cases  where  this  has  happened  are  rare  and  the  plea 
is  not  worthy  of  consideration.  The  answer  to  such 
a  plea  is  that  the  landlord  should  get  a  different  class 
of  tenants. 

NOTE  2:  It  is  highly  desirable  that  tight  metal 
cans  should  be  required.  Wooden  tubs,  boxes,  or 
barrels  such  as  are  frequently  provided  are  un- 
sanitary and  are  sure  to  result  in  the  garbage  and 
other  refuse  being  distributed  over  the  ground  and 
premises.  It  is  also  of  great  importance  that  these 
cans  shall  be  kept  covered.  The  best  type  of  can  is 
one  with  a  cover  attached;  that  is,  a  hinged  cover. 
This  is  not  the  usual  type.  Unless  cans  are  kept 
covered  cats  and  rats  will  feed  upon  their  contents 
and  distribute  it  over  the  premises.  Flies  also  will 
swarm  around  it,  thus  increasing  the  fly  nuisance  and 
adding  to  the  danger  of  transmission  of  disease. 

NOTE  3:  Garbage  chutes  are  abominations.  In- 
tended originally  as  a  convenience  they  have  proved 
in  practice  to  be  nuisances  because  the  garbage 
collects  along  the  sides  of  the  chute  and  gives  rise  to 
noxious  odors. 

NOTE  4:  Garbage  bins  for  the  storage  of  garbage 
and  other  refuse  material  are  equally  objectionable, 
although  it  is  the  custom  to  have  such  bins  in  a  num- 
224 


§   IO6  MAINTENANCE 

her  of  cities.  The  idea  of  hoarding  garbage  and  other 
refuse  is  repugnant  to  proper  standards  of  sanitation. 
These  waste  products  should  be  immediately  removed 
from  the  premises  and  properly  disposed  of  by  the  city 
authorities;  it  is  certainly  not  desirable  to  keep  such 
refuse  in  close  proximity  to  the  living  quarters  of 
the  people. 

§  106.  PROHIBITED  UsEs.1  No  horse,  mule,  cow,  calf, 
swine,  sheep,  goat,  chickens,  geese  or  ducks  shall  be  kept 
in  any  dwelling  or  part  thereof.  Nor  shall  any  such  animal 
be  kept  on  the  same  lot  or  premises2  with  a  dwelling  except 
under  such  conditions  as  may  be  prescribed  by  the  health 
officer.  No  such  animal,  except  a  horse  or  mule,  shall 
under  any  circumstances  be  kept  on  the  same  lot  or 
premises  with  a  multiple-dwelling.3  No  dwelling  or  the  lot 
or  premises  thereof  shall  be  used  for  the  storage  or  handling 
of  rags4  or  junk. 

NOTE  i :  It  will  not  do  to  prohibit  the  keeping  of  Explana- 
all  animals  in  a  dwelling.  People  naturally  desire 
to  keep  cats,  dogs,  and  birds;  but  the  undesirability 
of  housing  in  the  same  building  in  which  human  beings 
reside  any  of  the  animals  enumerated  in  this  section 
is  at  once  obvious  and  needs  no  supporting  argument. 
All  of  the  animals  above  mentioned  have  been  found 
in  the  houses  of  the  poor  in  different  cities  at  various 
times. 

NOTE  2:  When  it  comes  to  the  keeping  of  these 
animals  on  the  same  premises  with  dwellings  the 
question  is  different.  In  many  of  our  cities,  es- 
pecially in  the  outlying  sections,  it  will  be  very  much 
desired  to  keep  not  only  a  horse  but  also  cows  and 
chickens  and  similar  animals.  So  long  as  the  con- 
ditions under  which  these  animals  are  kept  may  be 
regulated  by  the  health  officer  there  is  little  likelihood 
of  danger  resulting. 

NOTE  3:  Animals  should  not  however  be  kept  on 
the  same  lot  with  a  multiple  dwelling.  Such  build- 
ings are  not  a  necessity  in  the  undeveloped  or  rural 
portions  of  the  community  and  therefore  no  hardship 
will  result.  Where  multiple  dwellings  are  built  it 
means  that  many  families  or  individuals  will  reside 

J5  225 


A    MODEL    HOUSING    LAW  §  1 07 

on  a  given  piece  of  land.  It  is  distinctly  unwise  and 
injurious  to  permit  the  keeping  of  animals  in  close 
proximity  to  many  people. 

NOTE  4:  The  prohibition  against  rag  shops  and 
junk  shops  and  the  storage  of  such  material  either 
in  dwellings  or  on  the  premises  needs  no  argument. 
Such  places  are  a  potent  source  of  contagious  disease 
and  a  fire  menace,  and  should  be  strictly  limited  to 
business  quarters  and  even  there  kept  under  close 
observation  and  control  at  all  times. 

NOTE  5:  The  evil  of  tenement  house  prostitution 
is  not  so  general  throughout  the  country  that  it  has 
seemed  necessary  or  desirable  to  include  in  this  section 
a  prohibition  against  the  use  of  any  part  of  a  multiple 
dwelling  for  such  purposes.  In  New  York  and  some 
of  our  Eastern  cities  which  are  distinctly  tenement 
house  cities  this  evil  some  years  ago  assumed  such 
proportions  that  it  became  necessary  to  impose  much 
stricter  penalties  for  the  committing  of  prostitution 
in  buildings  in  which  the  respectable  poor  people 
dwell  than  attach  to  this  offense  in  ordinary  "  houses 
of  prostitution/'  While  the  evil  is  not  widespread, 
it  may  develop  at  any  time  in  any  city  and  it  can  do 
no  harm  to  embody  in  this  law  a  provision  dealing 
with  this  subject.  If  .this  is  desired,  the  following 
variation  is  suggested.  Add  at  the  end  of  the  section 
the  following: 

Variation  VARIATION  :    "  No    multiple-dwelling    or    the    lot    or 

premises  thereof  shall  be  used  for  purposes  of  prostitution 
or  assignation." 

§  107.  COMBUSTIBLE  MATERIALS.1  No  dwelling,  nor 
any  part  thereof,  nor  of  the  lot  upon  which  it  is  situated, 
shall  be  used  as  a  place  of  storage,  keeping  or  handling 
of  any  article  dangerous  or  detrimental  to  life  or  health; 
nor  of  any  combustible  article,  except  under  such  con- 
ditions as  may  be  prescribed  by  the  fire  marshal2  under 
authority  of  a  written  permit  issued  by  him.  No  multi- 
ple-dwelling3 nor  any  part  thereof,  nor  of  the  lot  upon 
which  it  is  situated,  shall  be  used  as  a  place  of  storage, 
keeping  or  handling  of  feed,  hay,  straw,  excelsior,  cotton, 
paper  stock,  feathers  or  rags. 

226 


§  IO8  MAINTENANCE 

NOTE  i:  It  will  not  do  to  prohibit  outright  the  Explana- 
keeping  of  combustible  articles,  as  this  would  prevent  ^on 
the  reasonable  storage  of  gasolene  in  a  private  garage 
at  the  rear  of  the  lot  behind  a  private  dwelling.  It 
would  also  prevent  the  sale  of  kerosene  oil  in  a  grocery 
store  which  might  be  located  on  the  ground  floor  of 
an  apartment  house,  or  of  benzine  or  alcohol  in  a  drug 
store  similarly  located.  It  is  essential,  however,  that 
the  fire  marshal  should  have  authority  to  regulate 
and  control  .the  conditions  under  which  such  articles 
may  be  kept  or  stored.  • 

NOTE  2:  The  fire  marshal  is  the  public  official  who 
will  generally  have  jurisdiction  over  these  matters. 
Where  some  other  official  has  jurisdiction  he  should 
be  substituted.  In  some  cities  the  commissioner  of 
public  safety  would  be  the  appropriate  person. 

NOTE  3:  It  should  be  noted  that  a  clear  distinc- 
tion has  been  made  between  conditions  which  may 
be  permitted  in  private  dwellings  and  two-family 
dwellings  and  those  which  are  allowed  in  multiple 
dwellings.  In  the  latter  case  an  absolute  prohibition 
is  made  against  the  storage,  keeping,  or  handling  of 
certain  articles  dangerous  from  the  point  of  view  of 
fire.  In  addition  to  this  absolute  prohibition,  all 
multiple  dwellings  are  also  subject  to  the  provisions 
of  the  first  part  of  this  section,  which  apply  to  all 
classes  of  dwellings,  and  are  general  in  their  nature. 

§  1 08.  CERTAIN  DANGEROUS  BUSINESSES.  There  shall 
be  no  transom,  window  or  door  opening  into  a  public  hall1 
from  any  part  of  a  multiple-dwelling  where  paint,  oil, 
drugs2  or  spirituous  liquors  are  stored  or  kept  for  the 
purpose  of  sale  or  otherwise. 

NOTE  i :  As  the  public  halls  and  stairs  in  multiple  Explana- 
dwellings  are  the  danger  point  in  case  of  fire,  it  is  tion 
desirable  to  have  no  connection  between  them  and 
stores  in  which  such  inflammable  and  explosive 
materials  as  paint,  oil,  drugs,  or  liquors  are  stored. 
The  effect  of  this  provision  is  to  close  the  side  door 
of  the  saloon  where  such  side  door  leads  into  the 
tenement  hallway.  From  a  social  point  of  view  this 
is  a  distinct  advantage.  It  also  means  that  inside 
transoms  or  door  openings  must  be  filled  in  solid 
227 


A    MODEL    HOUSING    LAW 


§I09 


Concession 


Explana- 
tion 


with  the  same  material  as  the  partition.  Locking 
the  door  or  nailing  the  transom  will  not  satisfy  the 
requirements. 

NOTE  2:  It  may  be  the  part  of  wisdom  to  exempt 
hotels  from  this  provision.  Otherwise  claim  may  be 
made  that  it  would  not  be  possible  to  have  a  bar  such 
as  is  usually  found  in  a  hotel,  nor  a  drug  store,  as 
communication  between  the  bar  and  public  rooms, 
and  frequently  the  hall,  is  usually  direct.  While 
this  claim  may  be  readily  met  by  a  slight  change  in 
the  plans, — it  is  possible  to  so  arrange  the  bar  that 
it  will  not  communicate  directly  with  the  public  halls 
and  stairs, — the  issue  is  not  worth  contending  about. 
It  is  simpler  to  exempt  hotels.  The  following  con- 
cession is  therefore  suggested.  Add  at  the  end  of  the 
section  the  following: 

CONCESSION  :  '  This  provision  shall  not  apply  to 
hotels  as  defined  in  paragraph  four  of  section  two." 

§  109.  JANITOR  OR  HOUSEKEEPER. l  In  any  multiple- 
dwelling  of  Class  A  in  which  the  owner  thereof  does  not 
reside,2  there  shall  be  a  janitor,  housekeeper  or  other 
responsible  person  who  shall  reside  in  said  house  and  have 
charge  of  the  same,  if  the  health  officer  shall  so  require.3 

NOTE  i :  This  is  one  of  the  important  provisions 
of  the  act  from  a  sanitary  point  of  view.  In  tene- 
ments where  there  are  many  families,  unsanitary 
conditions  are  bound  to  result  if  there  is  not  some  one 
living  on  the  premises  who  is  responsible  for  the 
maintenance  of  the  public  parts  of  the  building — the 
halls,  stairs,  water-closets,  and  the  out-premises. 
What  is  everybody's  business  is  nobody's  business, 
and  individual  tenants  will  feel  no  responsibility  for 
the  public  parts  of  the  building  nor  can  they  prop- 
erly be  held  responsible. 

NOTE  2:  It  should  be  noted  that  the  requirements 
of  this  section  will  be  fulfilled  if  some  one  of  the 
tenants  is  designated  by  the  owner  as  janitor  or 
housekeeper.  Exception  is  made  in  the  case  in  which 
the  owner  resides  in  the  house  because  in  that  case 
he  will  look  after  its  condition  far  better  than  any 
janitor. 

228 


§  I  10  MAINTENANCE 

NOTE  3:  In  some  cities  an  attempt  is  made  to 
establish  in  the  law  a  definite  standard  by  the  number 
of  families  in  the  house  and  to  require  a  janitor  on 
the  premises  in  all  cases  where  there  are  that  many 
families  or  more.  It  is  thought  better,  owing  to  the 
varying  conditions  which  prevail  in  most  communi- 
ties, to  leave  this  to  the  discretion  of  the  health  officer, 
who  will  have  to  answer  to  the  public  if  unsanitary 
conditions  exist  and  he  has  not  required  a  resident 
janitor  on  the  premises. 

§  1 10.  OVERCROWDING.1  If  any  room  in  a  dwelling  is2 
overcrowded  the  health  officer  may  order  the  number  of 
persons  sleeping  or  living  in  said  room  to  be  so  reduced 
that  there  shall  be  not  less  than  SIX  HUNDRED  cubic 
feet3  of  air  to  each  adult  and  FOUR  HUNDRED  cubic 
feet  of  air  to  each  child  under  twelve  years  of  age 
occupying  such  room. 

NOTE  i :  This  is  a  very  different  provision  from  the 

r  1*11  f  A  •  ••  i  - 

one  found  in  the  laws  of  many  American  cities  to  the  tjon 
effect  that  no  matter  what  the  conditions,  no  room 
shall  have  less  than  400  cubic  feet  of  air  space  for 
each  adult.  To  require  arbitrarily  that  no  room  shall 
contain  less  than  a  certain  amount  of  cubic  air  space 
for  each  occupant  is  to  bring  about  in  some  cases 
unreasonable  and  absurd  situations.*  It  is  very 
doubtful  whether  a  requirement  of  that  nature  if  con- 
tested could  be  sustained  as  a  reasonable  exercise 
of  the  police  power.  The  number  of  cubic  feet  of  air 
space  is  not  the  sole  standard  as  to  the  fitness  of  a 
room  for  human  occupancy.  In  fact  it  is  of  com- 
paratively minor  importance  in  comparison  with 
other  elements.  The  character  of  the  air,  the  fre- 
quency of  its  renewal,  the  opportunity  for  "through" 
ventilation,  the  reduction  of  high  temperature,  are 
the  important  things  in  room  ventilation.  The  ques- 
tion of  reducing  the  number  of  occupants  of  a  room  is 
a  matter  which  necessarily  must  be  left  to  be  de- 
termined by  the  health  officer  upon  £he  conditions 
found  in  individual  rooms,  which  vary  greatly.  One 
room  may  be  small,  dark,  and  unventilated;  another 
large  and  with  good  light  and  ventilation.  A  "  room" 

*  For  further  discussion,  see  Housing  Reform,  pp.  29,  30. 
229 


A    MODEL    HOUSING    LAW  §  I  I  I 

has  not  as  yet  been  standardized.  The  scheme  of 
this  section,  therefore,  is  to  leave  entirely  to  the  health 
officer  the  power  to  reduce  the  number  of  occupants 
in  a  room  so  that  there  shall  not  be  more  than  a 
proper  number. 

NOTE  2:  It  should  be  observed  that  this  power  can 
only  be  exercised  if  the  room  is  actually  overcrowded. 
.  This  at  once  becomes  a  question  of  fact  and  enables 
the  owner  to  go  into  court  and  establish  whether  his 
room  is  overcrowded  or  not,  with  the  burden  of  proof 
upon  the  health  officer  to  show  that  the  room  is  over- 
crowded. This  is  as  it  should  be.  It  is  an  extreme 
power  and  should  not  be  exercised  unless  the  health 
officer  can  clearly  demonstrate  to  the  satisfaction  of 
fair-minded  people  that  the  conditions  are  such  as  to 
warrant  action. 

NOTE  3:  Numerous  opponents  of  housing  reform 
who  will  not  reap!  the  law  carefully  will  assume  that 
this  provision,  because  it  mentions  a  certain  number 
of  cubic  feet,  is  similar  to  the  provision  found  in  other 
laws  with  which  they  are  familiar,  and  will  oppose 
this  on  the  ground  that  this  is  a  more  stringent  regu- 
lation than  is  found  in  most  laws,  which  as  a  rule  call 
for  400  cubic  feet  of  air  space  for  each  adult  and  200 
for  each  child  under  twelve  years  of  age.  It  is  im- 
portant to  make  plain  to  such  persons  the  points  in 
which  this  provision  differs  from  the  requirements 
that  have  been  customary  in  previous  laws,  as  above 
set  forth. 

§111.  LODGERS,  ROOMERS  AND  BOARDERS  PROHIBITED.1 
The  health  officer  may  prohibit  in  any2  multiple-dwelling 
the  letting  of  lodgings  therein,  and  may  prescribe  condi- 
tions3 under  which  lodgers,  roomers  or  boarders  may  be 
taken6  in  multiple-dwellings.  Where  lodgers,  roomers  or 
boarders  are  permitted  to  be  taken,  the  health  officer 
shall  issue  a  "written  permit  to  that  effect  and  shall  keep 
an  accurate  public  record  of  all  such  permits  with  all  nec- 
essary detailed  information  as  to  size  of  rooms,  their  ade- 
quacy, the  number  of  roomers  or  lodgers  permitted  and  so 
forth.  It  shall  be  the  duty  of  the  owner4  of  all  multiple- 
dwellings  to  see  that  the  requirements  of  the  health  officer 
in  this  regard  are  at  all  times  complied  with,  and  a  failure 

230 


§  I  I  I  MAINTENANCE 

to  so  comply  on  the  part  of  any  tenant  or  occupant  after 
due  and  proper  notice  from  said  owner,  shall  be  deemed 
sufficient  cause  for  the  summary  eviction  of  such  tenant  or 
occupant,  and  the  cancellation  of  his  lease.  The  provi- 
sions of  this  section  may  be  extended  to  private-dwellings 
and  two-family  dwellings,  as  may  be  found  necessary  by 
the  health  officer.5 

NOTE  i :  The  evil  of  Room  Overcrowding  discussed  Explana- 
under  the  preceding  section  is  almost  invariably  tion 
wrapt  up  with  the  practice  of  taking  in  roomers, 
lodgers  or  boarders.  Strangely  enough,  though  the 
connection  between  this  housing  evil  and  diseases  of 
certain  kinds — viz.,  all  "contact  diseases"  such  as 
Influenza,  is  very  close  and  has  been  clearly  estab- 
lished to  the  satisfaction  of  the  medical  authorities, 
yet  the  fact  remains  that  this  is  the  one  serious  phase 
of  bad  housing  that  has  never  had  satisfactory  treat- 
ment in  America.  This  situation  has  not  been  due  so 
much  to  lack  of  knowledge  of  the  facts  or  apprecia- 
tion of  the  serious  consequences  of  such  conditions  as 
it  has  to  an  unwillingness  on  the  part  of  public  officials 
to  take  up  a  cause  which  is  so  unpopular  with  all 
classes  in  the  community  affected  by  it,  and  for  which 
there  is  so  little  popular  support. 

The  roomer  who  finds  a  comfortable  home  at  com- 
paratively low  rates  certainly  does  not  want  a  law 
that  deprives  him  of  this;  the  tenant  or  occupier  of 
a  house  or  flat  who  by  taking  in  roomers  augments 
his  income  does  not  want  a  law  that  deprives  him  of 
that  income;  and  finally,  the  owner  of  dwelling  house 
property  who  can  get  a  greater  rental  for  it,  because 
his  tenant  takes  in  roomers  does  not  want  a  law  that 
deprives  him  of  that  increased  rental.  Thus,  we  see 
that  the  three  classes  in  the  community  most  closely 
affected  by  such  legislation  have  strong  personal  and 
financial  incentives  to  oppose  its  passage  and  resist 
its  enforcement. 

But  the  community  has  a  most  important  interest 
in  such  legislation.  For  its  own  protection,  its  own 
health,  its  own  welfare,  it  is  essential.  Unfortunately 
the  only  people  who  want  it,  as  a  rule,  are  a  few 
"  cranks/' — public  health  officials,  social  workers  and 
housing  reformers,  and  similar  socially  minded  per- 
231 


A    MODEL    HOUSING    LAW  §  I  I  I 

sons.  Their  task  should  be  to  inform  the  general 
public  as  to  how  this  concerns  them,  so  that  what 
affects  the  welfare  of  the  whole  community  may  out- 
weigh in  the  minds  of  legislative  bodies  and  enforcing 
officials  and  local  minor  courts  the  opposition  of 
selfish  interests  that  may  be  adversely  affected.  The 
recent  nation-wide  Influenza  epidemic  should  be  a 
potent  weapon  in  driving  this  idea  home. 

NOTE  2:  This  provision  applies  to  all  multiple 
dwellings, — those  of  Class  B  as  well  as  Class  A.  It 
therefore  affects  lodging  houses,  hotels,  boarding 
houses  and  similar  buildings  where  the  chief  purpose 
is  the  taking  in  of  lodgers,  roomers  and  boarders. 
This  is  deliberate.  For,  buildings  of  this  class  should 
be  required  to  take  out  permits,  and  should  be  operated 
under  the  strict  supervision  and  control  of  the  sani- 
tary authorities,  sometimes  of  the  police  authorities  as 
well.  This  should  not  be  deemed  a  hardship,  as 
lodging  houses  and  hotels  in  most  cities  are  now  under 
this  necessity. 

NOTE  3:  Complete  prohibition  of  taking  lodgers  or 
roomers  in  dwellings  is,  of  course,  out  of  the  question. 
It  would  probably  be  held  to  be  unconstitutional, 
even  if  it  were  desirable.  The  best  that  can  be  done, 
therefore,  is  to  vest  in  some  public  .official  the  power 
to  set  up  the  conditions  under  which  the  practice  may 
safely  be  followed.  This  will  allow  the  health  officer 
to  permit  it,  where  rooms  are  light  and  well  venti- 
lated, and  there  is  no  overcrowding,  and  to  forbid  it 
where  rooms  are  only  sufficient  for  the  needs  of  the 
family  occupying  them.  The  section  contemplates 
the  granting  of  a  written  permit  by  the  health  officer 
in  cases  where  lodgers  are  permitted,  and  the  keeping 
of  full  and  complete  records  relative  thereto. 

NOTE  4:  Earlier  laws  have  placed  the  responsibility 
solely  upon  the  tenant.  It  has  been  largely  because  of 
this  that  such  efforts  at  legal  regulation  have  failed,  as 
the  courts  have  been  unwilling  to  hold  as  criminal 
offenders  the  poor  foreigners  among  whom  this  practice 
chiefly  prevails,  and  who  always  plead  poverty  and  ig- 
norance when  brought  into  court.  It  is  significant  that 
the  only  two  instances  in  which  an  effort  is  made  to  hold 
the  tenant  responsible  for  violation  of  the  law,  namely, 
in  the  case  of  room  overcrowding  and  the  placing  of 
encumbrances  upon  fire-escape  balconies,  are  the  only 

232 


§  I  I  I  MAINTENANCE 

provisions  of  our  tenement  laws  which  have  proved 
unenforceable  and  have  baffled  the  health  officers 
of  all  our  cities.  Whereas  the  other  sections  of  the 
law  where  the  owner  is  held  responsible,  have  always 
been  found  to  be  capable  of  proper  enforcement.  This 
section  deliberately  places  the  responsibility  upon  the 
owner  in  the  case  of  multiple  dwellings  for  the  pres- 
ence in  his  house  of  lodgers  and  boarders  in  the  in- 
dividual apartments  of  the  tenants.  It  will  be 
claimed  by  some  that  it  is  unreasonable  to  hold  the 
owner  responsible  in  this  way  and  that  he  cannot 
know  of  the  presence  of  outsiders  in  the  families  to 
whom  he  has  rented  his  apartments.  This  is  plaus- 
ible but  not  sound.  Where  there  is  a  janitor  on  the 
premises,  and  there  should  be  one  in  the  case  of  all 
tenement  houses,  the  class  of  buiidings  in  which  this 
evil  is  chiefly  found,  the  janitor  always  knows  whether 
the  tenants  are  taking  in  lodgers  or  boarders.  Just 
as  it  has  been  found  practicable  in  the  New  York  law 
to  hold  the  owner  responsible  for  the  moral  character 
of  his  tenants  and  make  him  liable  for  a  penalty  of 
$i ,000  for  a  failure  to  evict  prostitutes,  so  it  is  equally 
practicable  to  make  him  responsible  for  room  over- 
crowding. A  full  discussion  of  this  subject  and  the 
methods  under  which  this  provision  would  work  will 
be  found  in  a  paper  on  Room  Overcrowding,  in  Hous- 
ing Problems  in  America.* 

NOTE  5 :  This  provision  is  a  radically  different  one 
from  the  similar  section  found  in  the  first  edition  of 
this  book  published  five  years  ago.  There,  a  scheme 
was  outlined  which  prohibited  the  letting  of  lodgings 
in  every  class  of  dwelling,  including  private-dwellings, 
without  obtaining  a  written  permit  from  the  health 
officer.  This  put  the  burden  of  responsibility  upon 
the  occupiers  of  all  dwellings,  even  in  cases  where  the 
taking  of  roomers  was  entirely  permissible.  It  was 
too  great  a  burden  and  was  resented  by  the  majority 
of  people  as  an  undue  interference  with  their  private 
affairs.  It  was  somewhat  like  "burning  down  the 
barn  in  order  to  have  roast  pig."  While  it  was  granted 
that  it  was  right  and  proper  that  the  health  officer 
should  be  able  to  control  conditions  where  foreigners 
take  in  6  or  8  lodgers  in  one  room,  it  was  felt  that  to 

*  Housing   Problems   in  America,  Vol.   II,  pp    58-78.      New  York, 
National  Housing  Association  Publication,  1912. 

233 


A    MODEL    HOUSING    LAW  §  112 

have  the  health  officer  determine  in  every  case  whether 
or  not  one  might  be  permitted  to  take  a  roomer  into  a 
private  dwelling  was  going  too  far. 

For  these  reasons  the  section  deals  primarily  with 
multiple  dwellings,  where  as  a  rule  the  evil  is  great- 
est, but  permits  the  health  officer  to  extend  its  appli- 
cation to  private  dwellings  and  two-family  dwellings 
when  necessary. 

From  an  administrative  point  of  view,  the  change 
over  the  provisions  contained  in  the  first  edition  of 
this  book  is  a  most  important  one.  The  health  officer 
instead  of  having  to  inspect  every  dwelling  in  the  city 
and  determine  whether  it  is  suitable  for  the  taking  in 
of  lodgers,  need  now  deal  only  with  those  cases  where 
bad  conditions  arise  and  as  they  arise. 

NOTE  6:  Persons  who  are  seeking  to  oppose  the 
law  may  raise  the  question  that  the  provisions  of  this 
section  will  prohibit  some  friend  from  visiting  them. 
This  is  a  fanciful  and  strained  construction.  No 
court  or  public  official  will  take  such  a  position  for  a 
moment.  What  the  section  does  is  to  prohibit  the 
taking  of  outsiders  to  live  in  the  family  as  a  business 
for  which  compensation  is  had. 

§112.  INFECTED  AND  UNINHABITABLE  DWELLINGS  TO 
BE  VACATED.1  Whenever  it  shall  be  certified2  by  an  in- 
spector or  officer  of  the  health  department  that  a  dwelling 
is  infected3  with  contagious  disease,  or  that  it  is  unfit  for 
human  habitation,  or  dangerous  to  life  or  health  by  reason 
of  want  of  repair,  or  of  defects  in  the  drainage,  plumbing, 
lighting,  ventilation,  or  the  construction  of  the  same,  or  by 
reason  of  the  existence  on  the  premises  of  a  nuisance  likely 
to  cause  sickness  among  the  occupants  of  said  dwelling, 
or  for  any  other  cause,  the  health  officer  may4  issue  an 
order  requiring  all  persons  therein  to  vacate5  such  house 
within  not  less  than  TWENTY-FOUR  HOURS  nor  more 
than  TEN  DAYS  for  the  reasons  to  be  mentioned  in 
said  order.  In  case  such  order  is  not  complied  with 
within  the  time  specified,  the  health  officer  may  cause 
said  dwelling  to  be  vacated.  The  health  officer  whenever 
he  is  satisfied  that  the  danger  from  said  dwelling  has 
ceased  to  exist,  or  that  it  is  fit  for  human  habitation, 

234 


§112  MAINTENANCE 

may  revoke  said  order  or  may  extend  the  time  within 
which  to  comply  with  the  same. 

NOTE  i :  This  section  is  one  of  the  most  important  Explana- 
sections  in  the  whole  law.  It  gives  the  health  de-  tion 
partment  under  proper  conditions  the  right  to  vacate 
any  house  which  is  unfit  for  human  habitation  and  to 
keep  it  vacant  until  it  is  made  fit;  and  permits  this 
without  application  to  the  courts.  The  health  de- 
partment can  send  its  own  officers  or  can  call  upon  the 
police  department  to  furnish  policemen  and  send  them 
to  the  house,  if  its  orders  are  not  complied  with,  and 
turn  the  tenants  into  the  street  and  keep  them  out. 
This  is  done  every  month  in  New  York  City  and  is 
the  only  effective  method  of  dealing  with  extreme 
cases.  It  is  an  extreme  power  which  should  be  used 
only  where  conditions  clearly  warrant  it. 

NOTE  2:  Before  such  action  is  taken  formal  certi- 
fication must  be  made  by  an  officer  of  the  health  de- 
partment reciting  the  conditions  which  exist;  such 
certification  should  be  filed  before  the  action  is  taken 
and  should  be  a  public  record  of  the  department. 

NOTE  3:  The  various  reasons  which  warrant  the 
vacation  of  a  house  are  carefully  enumerated: 

1.  If  the  house  is  infected  with  contagious  disease. 
This  does  not  mean  the  mere  presence  of  one  case  of 
tuberculosis  in  the  house;    it  would  be  necessary  to 
show  that  the  house  itself  was  infected. 

2.  If  it  is  unfit  for  human  habitation  for  any  reason 
whatever. 

3.  If  it  is  dangerous  to  life  or  health  for  various 
reasons,  namely,  want  of  repair,  defects  in  drainage, 
plumbing,  lighting,  ventilation  or  construction;  or  if 
it  is  dangerous  to  life  or  health  because  of  a  nuisance 
on  the  premises  likely  to  cause  sickness  among  the 
occupants.     This  does  not  mean  that  the  house  can 
be  vacated  because  of  the  mere  presence  of  a  nuisance. 
The  nuisance  must  be  one  that  is  likely  to  cause 
sickness  among  the  occupants  of  the  dwelling,  and  the 
health  officer  must  be  able  to  show  that  the  house  is 
dangerous  to  life  or  health  by  reason  of  this  state  of 
affairs. 

4.  Finally,  if  the  house  is  dangerous   to   life   or 
health  for  any  cause  in  addition  to  those  enumerated, 
the  health  officer  may  vacate  it. 

235 


A    MODEL    HOUSING    LAW  §  113 

NOTE  4:  It  should  be  carefully  observed  that  this  is 
a  power  given  to  the  health  officer  to  be  exercised  in 
his  discretion.  Some  housing  reformers  want  this 
provision  made  mandatory  so  as  to  require  the  health 
officer  to  vacate  houses  in  every  case  whenever  a 
report  is  made  to  him  along  these  lines  by  an  employee 
of  the  department.  Such  a  provision  would  be  un- 
wise and  dangerous.  It  would  place  in  the  hands  of 
subordinate  employees  tremendous  power  and  open 
the  door  for  unlimited  graft.  As  this  power  is  an 
extreme  one  it  should  be  scrutinized  with  the  greatest 
care  and  be  safeguarded  so  as  to  prevent  abuse.  Re- 
ports of  this  kind  made  by  subordinates  should  be 
verified  in  each  case  personally  by  the  head  of  the 
department  before  vacating  a  house.  This  should  be 
an  invariable  rule;  it  is  wise  policy  also  to  take  photo- 
graphs of  the  bad  conditions. 

NOTE  5:  Attention  is  called  to  the  fact  that  this 
provision  authorizes  the  health  officer  to  vacate  a 
house  summarily  without  -court  proceedings.  This 
is  what  is  intended.  In  many  communities  it  will 
seem  an  extreme  and  unusual  power.  It  is,  however, 
essential.  In  cases  where  unsanitary  conditions  are 
allowed  to  exist  for  long  periods  of  time  no  other 
remedy  will  bring  those  responsible  to  terms.  In 
some  cities  it  may  be  necessary  to  permit  owners  to 
have  the  right  of  appeal  to  the  courts.  From  a  prac- 
tical point  of  view  this  is  highly  undesirable.  It  may, 
however,  in  a  few  states  be  a  legal  necessity. 

NOTE  6:  In  exercising  the  power  to  vacate  houses 
the  health  officer  should  be  careful  not  to  put  the  ten- 
ants out  of  the  building  just  after  they  have  paid 
their  month's  rent  in  advance.  The  vacation  pro- 
ceedings should  be  timed  with  reference  to  this  so  that 
unnecessary  hardship  and  confiscation  of  poor  people's 
property  will  not  be  involved.  Similarly  care  should 
be  taken  not  to  vacate  houses  in  extreme  winter 
weather  as  by  postponing  the  order  this  hardship 
would  not  be  encountered.  Persons  are  cautioned 
against  making  any  change  in  the  phraseology  of  this 
section.  It  is  of  vital  importance  to  keep  it  exactly 
as  it  is,  as  it  has  stood  the  test  in  some  of  our  Eastern 
cities  of  over  thirty  years'  practice. 

§113.  REPAIRS  TO  BUILDINGS,  ET  CETERA.1    Whenever 

236 


§  I  13  MAINTENANCE 

any  dwelling  or  any  building,  structure,  excavation,  busi- 
ness pursuit,  matter  or  thing,  in  or  about  a  dwelling,  or 
the  lot  on  which  it  is  situated,2  or  the  plumbing,  sewerage, 
drainage,  light  or  ventilation  thereof,  is  in  the  opinion  of 
the  health  officer  in  a  condition  or  in  effect3  dangerous  or 
detrimental  to  life  or  health,  the  health  officer  may  declare 
that  the  same  to  the  extent  he  may  specify  is  a  public 
nuisance,  and  may  order  the  same  to  be  removed,  abated, 
suspended,  altered  or  otherwise  improved  or  purified  as 
the  order  shall  specify.  In  addition  to  the  above  powers4 
the  health  officer  may  also  order  or  cause  any  dwelling 
or  excavation,  building,  structure,  sewer,  plumbing  pipe, 
passage,  premises,  ground,  matter  or  thing,  in  or  about  a 
dwelling,  or  the  lot  on  which  it  is  situated,  to  be  purified, 
cleansed,  disinfected,  removed,  altered,  repaired  or  im- 
proved. If  any  order  of  the  health  officer  issued  under 
the  authority  of  the  provisions  of  this  act  is  not  complied 
with,  or  so  far  complied  with  as  he  may  regard  as  reason- 
able, within  five  days  after  the  service  thereof,  or  within 
such  shorter  time  as  he  may  designate,  then  such  order 
may  be  executed5  by  said  health  officer  through  his  offi- 
cers, agents,  employees  or  contractors. 

NOTE  i :  This  section  is  of  almost  equal  importance  Explana- 
with  the  previous  section.  It  greatly  supplements  it 
as  well  as  the  general  powers  possessed  by  health  de- 
partments with  reference  to  nuisances.  The  section 
is  necessary  because  there  are  often  cases  where  there 
are  conditions  in  a  house  which  do  not  make  it  un- 
fit for  human  habitation,  bad  though  they  are,  and 
which  even  perhaps  do  not  in  themselves  constitute 
a  nuisance  in  the  usual  acceptation  of  that  term,  but 
which  should  be  remedied  and  remedied  promptly. 
Many  of  these  instances  it  is  not  possible  to  anticipate 
in  drafting  a  law  and  it  is  necessary,  therefore,  to  have 
this  general  "drag-net"  power  conferred  upon  the 
health  department.  Take  the  case,  for  instance, 
where  in  the  winter  time  most  of  the  panes  of  glass 
are  out  of  the  windows  in  an  individual  apartment  in 
a  tenement  house.  The  health  officer  could  with 
difficulty  prove  that  the  house  was  unfit  for  human 
237 


A    MODEL   HOUSING    LAW  §   I  13 

habitation  because  of  this  condition.  It  would 
similarly  be  difficult  to  establish  the  condition  as  a 
nuisance,  yet  it  is  obvious  that  the  condition  should 
be  remedied  and  that  the  effect  of  it  upon  the  people 
living  in  such  rooms  is  bound  to  be  injurious  to  health. 
There  are  no  provisions  in  the  act  outside  of  the  gen- 
eral powers  conveyed  by  this  section  which  would 
warrant  the  health  officer  in  requiring  these  window 
panes  to  be  made  whole.  Jf  it  were  attempted  under 
the  authority  of  Section  97,  which  requires  that  the 
dwelling  shall  be  kept  in  repair  in  all  its  parts,  and 
an  order  issued  to  repair  the  window  panes,  the  owner 
could  evade  compliance  by  removing  all  glass  from 
the  sash.  -There  could  then  be  no  question  of 
"  repair"  involved.  Other  instances  will  readily  occur 
to  the  reader. 

NOTE  2:  The  powers  herein  conferred  are  intended 
to  apply  to  all  of  the  conditions  which  may  exist  not 
only  in  the  dwelling  itself  but  those  on  the  same  lot 
or  in  connection  with  it.  Every  board  of  health 
should  of  course  have  similar  powers  with  regard  to 
all  classes  of  buildings,  but  this  act  concerns  itself 
only  with  dwellings. 

NOTE  3:  The  phrase  "in  a  condition  or  in  effect 
dangerous  to  life  or  health"  is  of  importance,  as  the 
words  "in  effect"  will  also  provide  for  potential  evils 
as  well  as  actual  ones. 

NOTE  4:  The  second  sentence  of  this  section,  "The 
health  officer  may  also  order,"  confers  broad  powers 
upon  the  health  officer  to  require  practically  any 
improvement  to  an  existing  dwelling  which  in  his 
opinion  is  appropriate.  The  word  "also"  is  essential 
in  this  sentence.  Without  it  there  is  danger  that 
the  courts  might  construe  this  sentence  as  explana- 
tory or  further  illustrative  of  the  powers  conferred 
in  the  first  sentence,  whereas  it  is  intended  by  this 
provision  to  confer  additional  powers. 

NOTE  5 :  It  will  be  observed  that  power  is  conferred 
upon  the  health  officer  to  execute  his  own  orders  and 
have  the  work  done  if  the  owner  fails  to  comply  within 
a  reasonable  time.  This  should  be  read  in  connection 
with  the  latter  part  of  Section  144  where  general  power 
to  execute  his  own  orders  is  conferred  upon  the  health 
officer. 


238 


§§II4,H5  MAINTENANCE 

§  114.  FIRE-ESCAPES.  The  owner  of  every  multiple- 
dwelling  on  which  there  are  fire-escapes  shall  keep  them 
in  good  order  and  repair,  and  whenever  rusty  shall  have 
them  properly  painted  with  two  coats  of  paint.  No  per- 
son shall  at  any  time  place  any  incumbrance  of  any  kind 
before  or  upon  any  such  fire-escape. 

§115.  SCUTTLES,  BULKHEADS,  LADDERS  AND  STAIRS. 
In  all  multiple-dwellings  where  there  are  scuttles  or  bulk- 
heads, they  and  all  stairs  or  ladders  leading  thereto  shall 
.be  easily  accessible  to  all  occupants  of  the  dwelling  and 
shall  be  kept  free  from  incumbrance  and  ready  for  use  at 
all  times.  No  scuttle  and  no  bulkhead  door  shall  at  any 
time  be  locked  with  a  key,  but  either  may  be  fastened  on 
the  inside  by  movable  bolts  or  hooks. 

NOTE:  Lives  are  frequently  lost  in  fires,  especially  Explana- 
in  tenement  houses,  because  when  the  occupants  at-  tion 
tempt  to  escape  to  the  roof  through  the  scuttle  or  bulk- 
head they  find  the  scuttle  nailed  down  or  the  bulkhead 
door  locked  and  the  key  in  the  janitor's  pocket. 
They  then  become  trapped  in  the  top-floor  hallway 
and  lose  their  lives.  It  is  essential,  therefore,  that 
scuttles  should  be  so  arranged  that  they  can  be  easily 
raised  by  the  tenants  in  case  of  fire  and  that  bulkhead 
doors  shall  be  kept  unlocked.  There  must,  however, 
be  some  means  of  fastening  them,  otherwise  thieves 
can  get  in  from  the  outside  and  rob  the  tenants.  A 
movable  bolt  or  a  hook  will  be  found  to  be  an  ade- 
quate means  of  fastening  the  scuttle  or  door  to  keep 
intruders  out,  and  will  permit  the  immediate  opening 
of  the  door  from  the  inside  in  the  event  of  fire. 


239 


A    MODEL    HOUSING    LAW  §  I2O 


ARTICLE  V 
IMPROVEMENTS 

In  this  article  will  be  found  those  improvements  in 
the  older  buildings  required  as  a  matter  of  compul- 
sory legislation. 

§  1 20.  ROOMS,  LIGHTING  AND  VENTILATION  or.1  No 
room  in  a  dwelling11  erected  prior2  to  the  passage  of  this 
act  shall  hereafter  be  occupied  for  living  purposes  unless 
it  shall  have  a  window  of  an  area  of  not  less  than  EIGHT 
square  feet3  opening  directly  upon  the  street,  or  upon  a4 
rear  yard  not  less  than  TEN  feet  deep,  or  above  the  roof 
of  an  adjoining  building,  or  upon  a  court  or  side  yard  of 
not  less  than  TWENTY-FIVE  square  feet  in  area,  open 
to  the  sky  without  roof  or  skylight,  unless  such  room  is 
located  on  the  top  floor5  and  is  adequately  lighted  and 
ventilated  by  a  skylight  opening  directly  to  the  outer 
air.  Except  that  a  room  which  does  not  comply  with 
the  above  provisions  may  be  occupied  if  provided  with  a 
sash  window6  of  not  less  than  fifteen  square  feet  in  area, 
opening  into  an  adjoining  room  in  the  same  apartment, 
group  or  suite  of  rooms,  which  latter  room  either  opens 
directly  on  the  street  or  on  a  rear  yard  of  the  above  dimen- 
sions, or  itself  connects  by  a  similar  sash  window  or  series 
of  windows  with  such  an  outer  room.  Said  sash  window 
shall  be  a  vertically-sliding  pulley-hung7  sash  not  less 
than  three  feet  by  five  feet  between  stop-beads,8  both 
halves  shall  be  made  so  as  to  readily  open,9  and  the  lower 
half  shall  be  glazed  with  translucent  glass,10  and  so  far  as 
possible  it  shall  be  in  line  with  windows  in  the  said  outer 
room  opening  on  the  street  or  rear  yard  so  as  to  afford  a 
maximum  of  light  and  ventilation. 

240 


§  120  IMPROVEMENTS 

NOTE  i :  This  provision  is  an  attempt  to  deal  in  a  Explana- 
practical  way  with  dark,  unventilated  rooms  in  ex- 
isting houses.  In  effect  it  means  that  every  room  in 
an  existing  house  shall  either  have  a  window  to  the 
outer  air,  namely,  the  street,  yard,  or  a  court  of  a 
certain  size,  or  shall  have  a  large  window  communicat- 
ing with  an  adjoining  room  in  the  same  apartment, 
thus  securing  some  improvement  in  the  existing  con- 
ditions of  light  and  ventilation.  The  ideal  thing  to 
do  would  be  to  prohibit  the  use  of  any  room  for  living 
purposes  which  does  not  have  a  window  directly  on 
the  outer  air,  but  this  is  not  practicable.  Such  rooms 
will  be  found  in  varying  numbers  in  different  localities, 
in  buildings  erected  at  different  times  and  in  accord- 
ance with  the  laws  which  were  in  force  and  effect 
when  the  houses  were  built.  In  many  cases  it  is 
physically  impossible  to  provide  a  window  to  the  outer 
air  in  such  rooms  without  tearing  down  the  building. 
The  courts  would  probably  hold  such  a  requirement 
to  be  confiscatory  and  void.  The  provision  of  this 
section  is  not  subject  to  that  objection  and  is  a  reason- 
able requirement. 

NOTE  2:  This  section  applies  only  to  methods  of 
lighting  and  ventilating  rooms  erected  prior  to  the 
passage  of  the  act.  Rooms  in  dwellings  erected  sub- 
sequent to  the  passage  of  the  act  must  conform  to  the 
requirements  of  Article  1 1  dealing  with  new  buildings. 

NOTE  3 :  Every  variety  of  condition  will  be  found 
in  existing  dwellings.  Some  rooms  will  be  found 
which  have  windows  to  the  outer  air  but  the  windows 
do  not  contain  8  square  feet  in  area.  In  such  cases 
all  that  will  be  necessary  will  be  to  enlarge  the  win- 
dows. 

NOTE  4:  It  should  be  noted  that  if  the  room  opens 
on  a  yard  or  court  on  the  adjoining  premises,  so  long 
as  that  yard  or  court  is  not  built  up  and  it  is  of  the 
size  prescribed  by  the  act,  it  is  a  satisfactory  compli- 
ance with  the  terms  of  this  section,  as  all  that  is 
sought  is  to  see  that  dark  rooms  in  the  older  dwellings 
shall  be  made  light  and  shall  have  as  much  ventilation 
as  possible.  In  some  cases  rooms  will  be  found 
which  have  windows  opening  to  the  rear  yard  but  the 
yard  will  be  smaller  than  10  feet  in  depth.  In  such 
cases  a  sash  window  must  be  provided  in  the  parti- 
tion leading  to  the  adjoining  room.  Similarly  exist- 

16  241 


A    MODEL    HOUSING    LAW 


§  120 


ing  rooms  may  open  on  courts  smaller  in  size  than  25 
square  feet  in  area  or  courts  which  are  covered  over 
at  the  top.  In  the  latter  case  the  room  can  be  made 
legal  by  removing  the  covering  at  the  top  and  having 
the  court  open  to  the  air  or  by  providing  a  sash  win- 
dow in  the  partition  leading  to  the  adjoining  room. 
NOTE  5 :  In  the  case  of  rooms  on  the  top  floor  which 


VA  eo 


KITCHEN 


KITCHEN 


LIVING  ROOM 


BED  ROO/A 


LIVINQ  ROOM 


FIGURE  38 
SASH  WINDOWS  PROVIDED  BETWEEN  ROOMS 

are  now  dark  and  unventilated,  the  simplest  and 
easiest  way  to  remedy  the  conditions  is  to  provide 
ventilating  skylights  in  the  different  rooms.  This 
can  be  done  at  comparatively  slight  expense. 

NOTE  6:   In  any  event,  no  matter  what  the  condi- 
tions or  difficulties  it  is  always  practicable  to  cut  a 
window  in  the  partition  separating  the  inner  or  dark 
room  from  the  room  next  adjoining,  which  in  most 
242 


§  120  IMPROVEMENTS 

cases  will  be  a  room  that  opens  directly  on  the  outer 
air.  Sometimes  the  inner  room  is  two  or  three  rooms 
removed  from  the  outer  wall  of  the  building.  In 
that  case  there  must  be  a  series  of  windows  in  line 
with  each  other  leading  from  the  inner  room  to  the 
outer  room  so  that  the  light  and  air  may  penetrate 
to  the  room  in  question,  as  indicated  in  the  diagram 
on  the  preceding  page. 

NOTE  7:  The  reason  for  requiring  the  sash  window 
in  the  partition  to  be  a  double-hung  sash  is  because 
a  hinged  window  under  such  circumstances  is  apt  to 
be  broken  and  will  therefore  generally  be  nailed  up  in 
the  cheaper  class  of  houses,  thus  defeating  the  plan 
to  improve  the  ventilation  of  the  inner  room.  The 
double-hung  sash  will  also  insure  better  circulation 
of  the  air,  as  by  utilizing  it  properly  it.  can  be  kept 
open  both  at  top  and  bottom  with  the  window  acting 
as  a  diaphragm,  dividing  the  air  currents. 

NOTE  8:  The  requirement  that  the  window  shall 
not  be  less  than  3  feet  by  5  feet  is  to  insure  a  window 
of  sufficient  size  to  admit  enough  light  and  air.  A 
larger  window  than  this,  wherever  it  is  possible  to 
get  it,  is  very  desirable. 

NOTE  9:  The  law  will  not  be  complied  with  by  re- 
moving the  partition  between  the  inner  room  and  the 
room  next  adjoining  and  making  one  room  out  of  the 
two.  This  is  objectionable  and  should  be  prevented, 
as  it  means  that  the  inner  room  will  be  used  as  an 
alcove  and  that  a  curtain  will  presumably  be  used  be- 
tween the  two  rooms  shutting  out  both  light  and  air. 
The  evils  of  the  alcove  room  have  been  fully  discussed 
under  Section  35. 

NOTE  10:  The  requirement  that  the  lower  half  of 
the  window  shall  be  glazed  with  translucent  glass  is 
for  the  purpose  of  privacy,  thus  removing  the  objec- 
tion which  would  otherwise  be  raised  that  persons 
could  not  undress  in  their  bedrooms  without  being 
seen  in  the  outer  room. 

NOTE  1 1 :  This  section  applies  to  all  classes  of 
dwellings.  It  may  be  objected  to  by  the  owners  of 
private  houses.  A  dark  room  in  a  private  dwelling, 
however,  is  just  as  dangerous  as  in  a  multiple  dwelling. 
The  effect  of  dark  rooms  on  tuberculosis  germs  is  the 
same  in  all  cases.  If,  however,  the  opposition  to  this 
provision  seems  serious  and  it  is  desired  to  make  con- 

243 


A    MODEL   HOUSING    LAW 


§  121 


Concession 


Explana- 


cessions  to  these  interests,  the  following  concession 
may  be  made.  Substitute  for  the  following  words  at 
the  beginning  of  the  section,  which  now  read  "No 
room  in  a  dwelling  erected  prior,  "  the  following  words  : 

CONCESSION:  "No  room  in  a  two-family  dwelling  or  in 
a  multiple-dwelling  of  Class  A  erected  prior" 

§  121.  PUBLIC  HALLS  AND  STAIRS,  LIGHTING  AND  VEN- 
TILATION OF.1  In  all  multiple-dwellings  erected  prior  to  the 
passage  of  this  act  the  public  halls  and  stairs2  shall  be  pro- 
vided with  as  much  light  and  ventilation  to  the  outer  air 
as  may  be  deemed  practicable  by  the  health  officer,  who 
shall  order  the  cutting  in  of  windows  and  skylights  and 
such  other  improvements4  and  alterations  in  said  dwellings 
as  in  his  judgment  may  be  necessary  and  appropriate  to 
accomplish  this  result.  All  new3  skylights  hereafter  placed 
in  such  dwellings  shall  be  provided  with  ridge  ventilators 
having  a  minimum  opening  of  FORTY  square  inches  and 
also  with  either  fixed  or  movable  louvres  or  with  movable 
sashes;  all  such  skylights  and  windows  shall  be  of  such 
size  as  may  be  determined  to  be  practicable  by  said  health 
officer. 

NOTE  i  :  The  evils  of  dark  public  halls  and  stairs 
nave  already  been  fully  set  forth  from  the  point  of 
view  of  sanitation,  fire  danger  and  morality.  This 
section  is  enacted  for  the  purpose  of  bringing  as  much 
light  and  air  as  possible  into  the  existing  dark  public 
hallways.  The  conditions  vary  so  greatly  in  each 
building  that  it  is  not  practicable  to  attempt  to  lay 
down  in  the  act  a  definite,  rigid  method  by  which  this 
shall  be  accomplished  in  all  cases.  In  some  cases  it 
may  be  by  the  cutting  in  of  a  window  to  the  street  or 
yard,  in  others  to  the  yard  of  an  adjoining  building; 
while  in  many  others  the  only  improvement  that  can 
be  had  will  be  by  means  of  a  ventilating  skylight  in 
the  roof.  What  the  section  does  is  to  give  to  the 
health  authorities  the  power  to  improve  in  every  way 
practicable  the  lighting  and  ventilation  of  these  ex- 
isting public  hallways. 

NOTE  2:  This  section  applies  only  to  public  halls 
244 


§  122  IMPROVEMENTS 

and  stairs.  It  will  therefore  not  apply  in  the  case 
of  private  dwellings  and  two-family  houses. 

NOTE  3 :  The  requirement  with  regard  to  the  con- 
struction of  skylights  does  not  apply  to  existing  sky- 
lights but  only  to  a  new  one  which  may  be  placed  in 
the  hallway  of  an  existing  dwelling.  The  size  of  the 
skylight  will  consequently  vary  with  the  conditions 
in  each  building.  There  is  no  advantage  in  requiring 
a  large  skylight  where  there  is  a  small  stairwell  or 
no  well.  Under  such  circumstances  this  would  light 
only  the  hall  on  the  top  floor. 

NOTE  4:  A  simple  and  inexpensive  way  of  ma- 
terially improving  the  conditions  of  light  in  the  dark 
halls  is  to  remove  the  wooden  panels  in  the  doors  lead- 
ing from  the  individual  apartments  to  the  halls  and 
substitute  ground  glass  or  wire-glass  panels  in  their 
place.  While  this  does  not  make  the  halls  light  it 
does  make  them  much  lighter.  It  has  not  been 
thought  wise  to  require  this  alteration  as  a  matter 
of  mandate,  but  for  the  reason  set  forth  in  Note  i  it 
has  seemed  best  to  leave  this  to  the  health  officer  as 
one  method  to  employ  where  it  proves  to  be  advan- 
tageous. 

§  122.  SINKS  AND  WASH-BASINS.  In  all  dwellings2 
erected  prior  to  the  passage  of  this  act,  when  deemed  nec- 
essary by  the  health  officer,  the  woodwork1  enclosing  sinks 
and  wash-basins  shall  be  removed  and  the  space  under- 
neath shall  be  left  open.  The  floor  and  wall  surfaces 
beneath  and  around  them  shall  be  put  in  good  order  and 
repair,  and  if  of  wood  shall  be  kept  well  painted  with  light- 
colored  paint. 

NOTE  i :   This  is  a  requirement  compelling  the  re-  Explana- 
moval  of  all  enclosing  woodwork  from  sinks  in  ex-  tion 
isting  dwellings.     It  is  necessary  because  where  sinks 
are  thus  enclosed,  the  woodwork  as  a  rule  becomes 
saturated  with  water  and  slops  and  is  a  harboring 
place  for  dirt,  vermin    and   disease  germs.     More- 
over, if  the  plumbing  is  defective  and  is  enclosed  the 
defects  are  not  observed.     In  order  to  show  up  ac- 
cumulations of  dirt  and  filth  underneath  them  it 
is  wise  to  require  the  floor  to  be  painted  white. 

NOTE  2:   Objection  will  probably  be  made  to  this 
245 


A    MODEL   HOUSING    LAW  §§  123,  124 

provision  so  far  as  it  applies  to  private  dwellings  and 
two-family  houses.  The  owners  of  such  houses  may 
object  strenuously  to  the  whole  provision.  Special 
objection  will  undoubtedly  be  raised  to  its  application 
to  butler's  pantries  in  private  dwellings  and  two- 
family  dwellings,  where  the  butler's  pantries  have 
hardwood  floors  and  the  sinks  are  nicely  cased  in 
with  hardwood  casing  well  varnished.  Painting  such 
floors  with  white  paint  would  be  quite  inappropriate. 
All  that  it  is  sought  to  reach  are  the  bad  conditions 
described  in  Note  i,  and  which  as  a  rule  are  found 
only  in  the  dwellings  of  the  poor.  It  is  therefore  left 
to  the  health  officer  to  determine  when  such  altera- 
tions are  necessary. 

§  123.  WATER-CLOSETS.  In  all  dwellings  erected  prior 
to  the  passage  of  this  act,  the  woodwork  enclosing  all 
water-closets  shall  be  removed  from  the  front  of  said 
closets,  and  the  space  underneath  the  seat  shall  be  left 
open.  The  floor  or  other  surface  beneath  and  around  the 
closet  shall  be  put  in  good  order  and  repair  and  if  of  wood 
shall  be  kept  well  painted  with  light-colored  paint. 

Explana-  NOTE:  This  is  a  similar  provision  and  is  necessary 

tion  for  the  reasons  discussed  in  the  preceding  section. 

The  necessity  for  it,  of  course,  is  greater  in  the  case  of 
water-closets  than  it  is  in  the  case  of  sinks.  The  ob- 
jections which  pertain  to  the  previous  section  do  not 
obtain  here.  For  this  reason,  the  requirement  is 
made  a  mandatory  one  and  is  not  left  to  the  dis- 
cretion of  the  health  officer. 

§  124.  PRIVY  VAULTS,  SCHOOL-SINKS  AND  WATER- 
CLOSETS. 1>2  Whenever  a  connection  with  public  water- 
mains  becomes  reasonably  accessible  as  provided  in  sec- 
tion nine  of  this  act,  all3  privy  vaults,  school-sinks,7  cess- 
pools or  other  similar  receptacles  used  to  receive  fecal 
matter,  urine  or  sewage,  shall  before  January  first,  nine- 
teen hundred  and ,4  with  their  contents,  be  completely 

removed  and  the  place  where  they  were  located  properly 
disinfected  under  the  direction  of  the  health  officer.  Such 
appliances  shall  be  replaced  by  individual  water-closets  of 

246 


§  124  IMPROVEMENTS 

durable  non-absorbent  material,  properly  connected  to  a 
public  sewer,  if  a  public  sewer  is  reasonably  accessible  as 
defined  in  section  nine  of  this  act;  if  there  is  no  such  pub- 
lic sewer  reasonably  accessible,  then  such  water-closets 
shall  be  properly  connected  to  a  cesspool,  septic  tank  or 
other  similar  device  as  provided  in  section  nine  of  the  act. 
All  such  water-closets  shall  be  of  modetn  sanitary  type, 
and  with  individual  traps,  and  properly  connected  flush 
tanks  providing  an  ample  flush  of  water  to  thoroughly 
cleanse  the  bowl.  Each  such  water-closet  shall  be  located 
inside5  the  dwelling  or  other  building  in  connection  with 
which  it  is  to  be  used,  in  a  compartment  completely  sepa- 
rated from  every  other  water-closet,  and  such  compart- 
ment shall  contain  a  window  of  not  less  than  FOUR  square 
feet  in  area  opening  directly  to  the  street,  or  rear  yard  or 
on  a  side  yard  or  court  of  the  minimum  sizes  prescribed 
in  sections  twenty-two,  twenty-three,  twenty-four  and 
twenty-five  of  this  act.  The  floors  of  the  water-closet 
compartments  shall  be  as  provided  in  section  forty-seven 
of  this  act.  Such  water-closets  shall  be  provided  in  such 
numbers  as  required  by  section  ninety-three  of  this  act. 
Such  water-closets  and  all  plumbing  in  connection  there- 
with shall  be  sanitary  in  every  respect  and,  except  as  in 
this  act  otherwise  provided,  shall  be  in  accordance  with 
the  local  ordinances  and  regulations  in  relation  to  plumb- 
ing and  drainage.6  Pan,  plunger  and  long  hopper  closets 
will  not  be  permitted.  No  water-closet  shall  be  placed 
out  of  doors. 

NOTE  i :  This  is  the  most  important  provision  that  Explana- 
can  be  enacted  with  regard  to  the  improvement  of  the 
older  buildings.  It  is  one  which  will  as  a  rule  create 
much  opposition,  as  it  involves  owners  in  considerable 
expense;  yet  all  cities  should  unhesitatingly  enact  it. 
It  requires  existing  privy  vaults,  whether  sewer- 
connected  or  not,  and  all  similar  receptacles  to  be  done 
away  with  within  a  certain  time,  preferably  a  year, 
and  new  modern  sanitary  water-closets  installed  in- 
side of  the  building  in  their  place. 

There  is  a  very  material  difference  between  this 
247 


A    MODEL   HOUSING    LAW  §  124 

requirement  and  the  one  found  in  the  same  section 
of  the  first  edition  of  this  book  and  in  most  of  the 
laws  that  have  been  enacted  since  1914  and  which 
have  been  based  upon  it.  There,  the  removal  of 
these  nuisances  was  required  only  where  a  sewer  con- 
nection was  possible.  In  this  revised  provision,  this 
is  required  just  as  soon  as  there  is  a  communal  water- 
supply.  For  further  discussion  of  this  subject  see 
Section  9,  Note  2. 

NOTE  2:  The  constitutional  question  may  be  raised 
with  regard  to  this  requirement  but  cities  can  adopt 
it  with  perfect  confidence  that  they  are  on  safe  ground. 
The  question  has  been  settled  for  all  time.  A  similar 
provision  was  put  into  effect  in  New  York  City  in  1 90 1 . 
Its  constitutionality  was  tested  and  the  case  went 
through  all  the  courts  of  the  state  and  ultimately 
went  to  the  Supreme  Court  of  the  United  States.  The 
law  was  uniformly  sustained  in  each  of  these  courts. 
(Tenement  House  Department  vs.  Moeschen,  203  U. 

s.  583.) 

NOTE  3:  It  should  be  noted  that  the  provision  as 
herein  stated  applies  to  all  privy  vaults  in  the  city, 
whether  they  are  used  in  connection  with  dwellings, 
or  commercial  buildings,  or  in  any  other  way.  This  is 
for  the  reason  that  there  is  no  way  otherwise  to  safe- 
guard the  members  of  the  community  living  in  resi- 
dential sections  from  the  danger  of  infection  through 
the  medium  of  the  house-fly.  For  further  discussion 
see  Note  10  under  Section  47. 

NOTE  4:  It  is  only  proper  to  allow  owners  a  reason- 
able time  in  which  to  make  this  alteration.  It  in- 
volves in  some  cases  the  preparation  of  plans  by  an 
architect  and  structural  alteration  of  the  building.  It 
also  involves  in  all  cases  expense  to  the  owner.  In 
most  communities  it  is  the  custom  to  allow  one  year's 
time  in  which  to  make  these  changes.  The  method 
of  expressing  this  as  adopted  in  this  section  is  one  that 
should  be  observed.  It  should  be  noted  that  the 
requirement  is  that  these  vaults  shall  be  removed 
before  a  certain  date.  This  does  not  prohibit  the  re- 
moval of  them  at  an  earlier  date  if  the  health  author- 
ities require  it.  They  should  be  free  to  require  it. 
In  this  connection  see  Section  n.  There  may  be 
circumstances  where  it  is  necessary  to  require  the 
removal  of  such  vaults  in  a  less  time  than  one  year. 

248 


I24 


IMPROVEMENTS 


FIGURE  39 

PUTTING  WATER-CLOSETS   INSIDE  THE   HOUSE  BETWEEN  Two  FLATS 
IN  A  FOUR-ROOM  DEEP  HOUSE 


249 


A    MODEL   HOUSING    LAW 


§  124 


FIGURE  40 

PUTTING  WATER-CLOSETS    INSIDE  THE  HOUSE    BETWEEN  Two  FLATS 
IN  A  FRONT  AND  REAR  HOUSE 

250 


§124 


IMPROVEMENTS 


FIGURE  41 

PUTTING  WATER-CLOSETS   INSIDE  THE  HOUSE  OFF  THE  PUBLIC  HALL 
PLAN  OF  ENTRANCE  FLOOR 


251 


A    MODEL   HOUSING    LAW 


§124 


r 


FIGURE  42 

PUTTING  WATER-CLOSETS   INSIDE   THE   HOUSE,   Two   FIXTURES  PER 

FLOOR 


252 


§124 


IMPROVEMENTS 


FIGURE  43 
PUTTING  WATER-CLOSETS   INSIDE  THE  HOUSE  IN  A  FOUR-FAMILY  ON  A 

FLOOR  FLAT 
Two  water-closets  off  the  public  hall 


253 


A    MODEL   HOUSING    LAW 


§  124 


FIGURE  44 

PUTTING  WATER-CLOSETS  INSIDE  THE  HOUSE 
Building  an  extension  for  them  at  the  rear 

254 


§  124 


IMPROVEMENTS 


FIGURE  45 

PUTTING  WATER-CLOSETS  INSIDE  THE  HOUSE 
Two  water-closets  in  an  old  dwelling  used  as  a  tenement 


255 


A    MODEL    HOUSING    LAW  §  124 

NOTE  5 :  This  provision  prohibits  the  construction 
of  outdoor  water-closets  in  place  of  the  vaults.  The 
outdoor  closet  is  almost  as  great  an  evil  as  the  vault. 
This  matter  is  fully  discussed  in  Note  10  under  Section 
47.  The  only  place  for  a  water-closet  is  inside  the 
house.  There  is  always  a  place  inside  the  building, 
though  owners  will  say  there  is  not.  In  the  case  of 
private  dwellings  and  two-family  houses  there  is  of 
course  no  difficulty.  In  the  case  of  multiple  dwellings 
where  there  are  many  families  the  problem  is  not  so 
simple.  Space  can  always  be  found,  however,  by 
giving  up  one  room  on  the  ground  floor  or  on  the  top 
floor  to  a  group  of  closets,  having  each  closet  separ- 
ately ventilated  to  the  outer  air  and  in  a  separate 
compartment,  or  it  can  be  done  by  putting  one  or 
two  closets  on  each  floor  off  the  public  hallway  or 
between  the  two  apartments,  depending  upon  the 
number  of  families  on  a  floor.  This  is  the  better  way. 
In  whatever  way  it  is  done,  it  generally  means  altera- 
tion and  readjustment  and  sometimes  the  giving  up 
of  rentable  floor  space.  It  always  means,  however, 
an  improvement  to  the  building,  for  which  the  tenants 
are  willing  to  pay.  By  a  slight  increase  in  the 
monthly  rental  for  each  family,  the  interest  on  the 
money  thus  expended  can  be  easily  obtained.  Ir- 
respective of  any  of  these  considerations,  the  im- 
provement is  one  which  public  safety  demands. 
No  city  can  call  itself  civilized  which  tolerates  privy 
vaults. 

NOTE  6:  The  new  closets  that  must  be  installed 
are  required  to  comply  with  the  provisions  relative  to 
closets  that  would  be  installed  in  a  new  dwelling.  The 
reasons  for  the  various  requirements  as  laid  down  in 
this  section  are  all  discussed  in  the  discussion  relative 
to  new  closets  under  Section  47. 

NOTE  7:  A  "school-sink"  is  nothing  more  nor  less 
than  a  sewer-connected  privy  vault.  It  derives  its 
name  from  the  fact  that  it  was  originally  used  in 
connection  with  the  toilet  accommodations  provided 
for  the  public  schools  in  New  York  City;  it  is  called 
a  sink  because  the  trough  which  receives  the  contents 
of  the  privy  is  an  iron  trough  or  sink  sunk  in  the 
ground.  See  Figure  46  on  next  page. 


256 


§  125 


IMPROVEMENTS 


FIGURE  46 
A  SCHOOL-SINK 


§125.  BASEMENTS  AND  CELLARS.  The  floor  of  the  cellar 
or  lowest  floor  of  every  dwelling  shall  be  free  from  damp- 
ness and,  when  necessary,  shall  be  concreted  with  not  less 
than  FOUR  inches  of  concrete  of  good  quality  and  with  a 
finished  surface.  The  cellar  ceiling  of  every  dwelling  shall 
be  plastered,  when  so  required  by  the  health  officer. 

NOTE:  Damp  cellars  cause  disease.  Where  cellar  Explana- 
conditions  are  good  and  the  cellar  floor  for  instance  is 
of  rock,  it  is  not  necessary  to  concrete  it,  but  whenever 
necessary  the  floor  should  be  concreted  to  prevent 
dampness.  A  concrete  floor  4  inches  thick  is  the 
standard  in  most  cities.  If  objection  is  made  to  this 
on  the  ground  of  expense,  the  standard  can  be  reduced 
to  3  inches  without  danger.  The  important  thing  is 
that  the  concrete  shall  be  of  good  quality  and  that 
the  job  shall  be  well  done.  The  requirement  for  a 
finished  surface  is  for  the  purpose  of  preventing  germs 
and  filth  collecting  upon  a  rough  floor.  The  reason 
for  requiring  the  cellar  ceiling  to  be  plastered  is  to 
prevent  cellar  air  from  permeating  the  rest  of  the 
building.  It  is  for  the  purpose  of  protecting  the 
health  of  the  occupants  of  the  building  living  upstairs 
and  not  merely  for  the  welfare  of  the  persons  who  may 
live  in  the  basement  or  first  floor.  It  will  not  do  to 
require  the  cellar  ceiling  to  be  plastered  in  every  case, 

'7  257 


A    MODEL   HOUSING    LAW  §§  126,  \2J 

however,  because  sometimes  it  is  a  fire-resistive  ceiling 
made  of  fire-resistive  blocks.  Plaster  in  that  case  would 
be  an  unnecessary  expense.  In  other  cases  the  ceiling 
is  nicely  sheathed  with  matched  boards.  Sometimes 
it  is  covered  with  a  good  metal  ceiling.  The  question 
is  one  which  necessarily  must  be  left  to  the  discretion 
of  the  enforcing  officials  to  apply  the  remedy  appro- 
priate to  the  varying  conditions  found. 

§  126.  SHAFTS  AND  COURTS.  In  every  dwelling  where 
there  is  a  court  or  shaft  of  any  kind,  there  shall  be  at  the 
bottom  of  every  such  shaft  and  court  a  door  giving  suf- 
ficient access  to  such  shaft  or  court  to  enable  it  to  be  prop- 
erly cleaned  out.  Provided  that  where  there  is  already  a 
window  giving  proper  access  it  shall  be  deemed  sufficient. 

Explana-  NOTE:  In  tenement  houses  especially  the  occupants 

tion  frequently  throw  waste  material  out  of  the  windows 

and  this  accumulates  at  the  bottom  of  the  court  or 
shaft.  This  creates  unsanitary  conditions  and  fre- 
quently is  a  fire  danger.  Unless  it  is  easy  to  get  at 
this  space  and  clean  it  out  it  is  apt  to  be  neglected. 

§  127.  EGRESS.  Every  multiple-dwelling1  exceeding  one 
story  in  height  shall  have  at  least  two  independent  ways  of 
egress  constructed  and  arranged  as  provided  in  section 
fifty-one  of  this  act.  In  the  case  of  multiple-dwellings 
erected  prior  to  the  passage  of  this  act  where  it  is  not  prac- 
ticable to  comply  in  all  respects  with  the  provisions  of  that 
section,  the  inspector  of  buildings  shall  make  such  require- 
ments as  may  be  appropriate  to  secure  proper  means  of 
egress  from  such  multiple-dwellings  for  all  the  occupants 
thereof.  No  existing  fire-escape  shall  be  deemed  a  sufficient 
means  of  egress  unless  the  following  conditions  are  com- 
plied with:2 

(1)  All  parts  of  it  shall  be  of  iron,  cement  or  stone. 

(2)  The  fire-escape  shall  consist  of  outside  balconies 
which  shall  be  properly  connected  with  each  other  by 
adequate  stairs  or  stationary3  ladders,  with  openings  not 
less  than  TWENTY-FOUR  by  TWENTY-EIGHT  inches. 

258 


§   127  IMPROVEMENTS 

(3)  All  fire-escapes  shall  have  proper  drop  ladders  or 
stairways  from  the  lowest  balcony  of  sufficient  length  to 
reach  a  safe  landing  place  beneath. 

(4)  All  fire-escapes  not  on  the  street  shall  have  a  safe 
and  adequate  means  of  egress  from  the  yard  or  court  to 
the  street  or  alley  or  to  the  adjoining  premises. 

(5)  Prompt  and  ready  access  shall  be  had  to  all  fire- 
escapes,   which   shall   not   be    obstructed   by    bath-tubs, 
water-closets,  sinks  or  other  fixtures,  or  in  any  other  way. 

All  fire-escapes  that  are  already  erected  which  do  not 
conform  to  the  requirements  of  this  section  may  be  altered5 
by  the  owner  to  make  them  so  conform  in  lieu  of  providing 
new  fire-escapes,  but  no  existing  fire-escape  shall  be  ex- 
tended or  have  its  location6  changed  except  with  the  writ- 
ten approval  of  the  inspector  of  buildings.4  All  fire-escapes 
hereafter  erected7  on  any  multiple-dwelling  shall  be  located 
and  constructed  as  prescribed  in  section  fifty-two  of  this 
act. 

NOTE  i :  This  section  deals  with  means  of  egress  in  Explana- 
existing  multiple  dwellings.  1 1  does  not  apply  to  other  tion 
classes  of  dwellings,  nor  does  it  apply  to  multiple 
dwellings  unless  over  one  story  in  height.  Owing  to 
the  varying  conditions  which  exist  in  the  different 
kinds  of  multiple  dwellings  erected  at  different  times 
in  each  city,  it  is  not  practicable  without  imposing 
undue  hardships,  to  lay  down  a  precise  and  exact 
statement  of  conditions  which  must  be  complied  with 
in  regard  to  means  of  egress  from  such  buildings.  It 
is  necessary,  therefore,  to  leave  to  the  enforcing  of- 
ficials in  this  case  the  power  to  require  whatever  may 
be  necessary  in  order  to  secure  proper  means  of  egress 
for  all  the  occupants  of  the  building. 

NOTE  2:  An  attempt  has  been  made,  however,  to 
enumerate  certain  fundamental  requirements  which 
must  be  present  in  order  to  constitute  a  fire-escape 
a  proper  means  of  egress.  These  fundamental  re- 
quirements it  is  not  within  the  power  of  the  enforcing 
official  to  modify  or  waive. 

NOTE  3:  The  reasons  for  making  the  requirements 
which  are  enumerated  in  the  five  subdivisions  of  this 
section  have  been  fully  set  forth  in  connection  with 
259 


A    MODEL   HOUSING    LAW  §§  128,  129 

the  discussion  of  the  details  of  new  fire-escapes  in 
Section  52.  It  will  be  noted  that  stationary  ladders 
are  here  permitted  connecting  the  balconies,  whereas 
in  new  fire-escapes  they  are  forbidden  and  stairs  re- 
quired. It  would  be  a  hardship  to  require  existing 
fire-escapes  now  equipped  with  ladders  to  be  altered 
and  stairs  substituted,  as  this  would  practically  mean 
the  complete  demolition  of  the  fire-escapes  and  the 
erection  of  new  ones. 

NOTE  4:  The  proper  official  to  enforce  this  section 
is  the  inspector  of  buildings;  where  no  such  official 
exists,  the  fire  marshal  or  fire  commissioner.  In  this 
connection  see  Section  153;  also  Section  2,  Subdivi- 
sion 20. 

NOTE  5:  It  is  deliberately  intended  to  permit  the 
alteration  of  existing  fire-escapes  which  do  not  con- 
form in  every  respect  to  the  requirements  of  this  sec- 
tion, so  as  to  impose  upon  owners  as  little  expense  as 
possible. 

NOTE  6:  It  is  obvious  that  the  owner  should  not  be 
permitted  to  change  the  location  of  fire-escapes  with- 
out having  the  matter  first  submitted  to  the  respon- 
sible public  official  and  passed  upon  by  him. 

NOTE  7:  Where  entirely  new  fire-escapes  are  erected 
they  must  comply  in  every  respect  with  Section  52 
governing  the  construction  of  fire-escapes  for  new 
dwellings. 

§  128.  ADDITIONAL  MEANS  OF  EGRESS.  Whenever  any 
multiple-dwelling  is  not  provided  with  sufficient  means 
of  egress  in  case  of  fire  the  inspector  of  buildings  shall  order 
such  additional  means  of  egress  as  may  be  necessary. 

Explana-  NOTE:  This  is  a  broad  "drag-net"  power  conferred 

tion  upon  the  enforcing  officials  to  enable  them  to  deal 

with  cases  which  may  arise  which  it  has  not  been 

possible  to  foresee  in  drafting  the  law.     The  power  is 

supplementary  to  the  powers  already  conferred. 

§  129.  ROOF  EGRESS;  SCUTTLES,  BULKHEADS,  LADDERS 
AND  STAIRS.  Every  flat-roofed  multiple-dwelling  exceed- 
ing one  story  in  height  erected  prior  to  the  passage  of  this 
act  shall  have  in  the  roof  a  bulkhead,  or  a  scuttle  which 
shall  be  not  less  than  TWO  feet  by  THREE  feet  in  size. 

260 


§  129  IMPROVEMENTS 

All  such  bulkheads  and  scuttles  shall  be  fire-resistive  or 
covered  on  the  outside  with  metal  and  shall  be  provided 
with  stairs  or  stationary  ladders  leading  thereto  and  easily 
accessible  to  all  occupants  of  the  building.  No  scuttle 
or  bulkhead  shall  be  located  in  a  room,  but  shall  be  located 
in  the  ceiling  of  the  public  hall  on  the  top  floor,  and  access 
through  the  same  to  the  roof  shall  be  direct  and  uninter- 
rupted. When  deemed  necessary  by  the  inspector  of 
buildings  scuttles  shall  be  hinged  so  as  to  readily  open. 
Every  bulkhead  in  such  multiple-dwelling  shall  have 
stairs  with  a  guide  or  hand-rail  leading  to  the  roof,  and 
such  stairs  shall  be  kept  free  from  incumbrance  at  all 
times.  No  scuttle  and  no  bulkhead  door  shall  at  any  time 
be  locked  with  a  key,  but  either  may  be  fastened  on  the 
inside  by  movable  bolts  or  hooks.  All  key-locks  on 
scuttles  and  on  bulkhead  doors  shall  be  removed. 

NOTE:    This  is  a  requirement  for  means  of  roof  Explana- 
egress  in  existing  multiple  dwellings.     It  does  not  tion 
apply   to   other   kinds   of   dwellings.    The   various 
points  in  this  section  have  been  fully  discussed  in 
connection  with  Section  53  and  need  no  further  illus- 
tration.   The    requirement    that    scuttles    shall    be 
hinged  in  certain  cases  is  to  meet  the  situation  where 
the  scuttles  are  too  heavy  to  be  easily  raised  by  the 
ordinary  person. 


261 


A    MODEL    HOUSING    LAW 


ARTICLE  VI 
REQUIREMENTS  AND  REMEDIES 

In  this  article  will  be  found  the  legal  requirements, 
penalties  for  violations  of  the  law,  procedure,  et 
cetera. 

Explana-  NOTE:    The  tendency  of  many  housing  reformers 

tion  when  they  come  to  this  article  is  to  skip  it,  as  it  deals 

with  matters  which  as  a  rule  are  not  understood  by  the 
layman.  This  is  not,  however,  safe  procedure.  The 
rest  of  the  law  will  be  found  to  be  of  little  effect  unless 
most  of  these  remedies  are  enacted.  This  article 
should  be  especially  referred  to  a  local  lawyer  to 
make  sure  that  it  is  in  harmony  with  the  legal  prac- 
tice in  that  city,  and  should  be  modified  to  suit  the 
local  practice.  There  are  no  sections  in  this  article 
which  can  wisely  be  omitted.  An  effort  to  simplify 
and  condense  the  law  on  this  point  is  sure  to  produce 
disastrous  results  in  the  end. 


262 


§  140  REQUIREMENTS    AND   REMEDIES 

§  140.  PERMIT  TO  COMMENCE  BUILDING.*  Before  the 
construction  or  alteration  of  a  dwelling,  or  the  alteration 
or  conversion  of  a  building  for  use  as  a  dwelling,  is  com- 
menced, and  before  the  construction  or  alteration  of  any 
building  or  structure  on  the  same  lot2  with  a  dwelling,  the 
owner,  or  his  agent  or  architect  shall  submit  to  the  health 
officer  a  detailed  statement  in  writing,  verified3  by  the 
affidavit  of  the  person  making  the  same,  of  the  specifica- 
tions for  such  dwelling  or  building,  upon  blanks  or  forms 
to  be  furnished  by  such  health  officer,  and  also  full  and 
complete  copies  of  the  plans  of  such  work.  With  such 
statement  there  shall  be r submitted  a  plat  of  the  lot4  or 
plot  of  ground  on  which  any  such  dwelling  or  building  is 
to  be  erected  or  placed,  showing  the  dimensions  of  the 
same,  the  location  and  outside  dimensions  of  the  proposed 
building  and  of  all  other  buildings  on  the  lot.  Such  state- 
ment shall  give  in  full  the  name  and  residence,  by  street 
and  number,  of  the  owner5  or  owners  of  such  dwelling  or 
building  and  the  purposes  for  which  such  dwelling  or  build- 
ing will  be  used.  If  such  construction,  alteration  or  con- 
version is  proposed  to  be  made  by  any  other  person  than 
the  owner  of  the  land  in  fee,  such  statement  shall  contain 
the  full  name  and  residence,  by  street  and  number,  not 
only  of  the  owner  of  the  land,  but  of  every  person  interested 
in  such  dwelling,  either  as  owner,  lessee  or  in  any  repre- 
sentative capacity.  Said  affidavit  shall  allege  that  said 
specifications  and  plans  are  true  and  contain  a  correct  de- 
scription, of  such  dwelling,  building,  structure,  lot  and 
proposed  work.  The  statements  and  affidavits  herein  pro- 
vided for  may  be  made  by  the  owner,  or  by  the  person  who 
proposes  to  make  the  construction,  alteration  or  conver- 
sion, or  by  his  agent  or  architect.  No  person,  however, 
shall  be  recognized  as  the  agent  of  the  owner,  unless  he 
shall  file  with  the  said  health  officer  a  written  statement 
signed  by  such  owner  designating  him  as  such  agent.6 
Any  false  swearing7  in  a  material  point  in  any  such  affi- 
davit shall  be  deemed  perjury.  Such  specifications,  plans 
and  statements  shall  be  filed8  in  the  said  health  depart- 

263 


A    MODEL    HOUSING    LAW  §  140 

ment  and  shall  be  deemed  public  records,  but  no  such 
specifications,  plans  or  statements  shall  be  removed  from 
said  health  department.  The  health  officer  shall  cause  all 
such  plans  and  specifications  to  be  examined  with  respect 
to  the  provisions  of  this  act  over  which  he  has  jurisdiction 
as  set  forth  in  section  one  hundred  and  fifty-three.  If  such 
plans  and  specifications  conform  to  such  provisions  of  this 
act,  they  shall  be  approved  by  the  health  officer  and  a 
written  certificate  to  that  effect  shall  be  issued  by  him  to 
the  person  submitting  the  same.  Such  health  officer  may, 
from  time  to  time,  approve  changes  in  any  plans  and 
specifications  previously  approved  by  him,  provided  the 
plans  and  specifications  when  so  changed  shall  be  in  con- 
formity with  law.  The  construction,  alteration  or  con- 
version of  such  dwelling,  building  or  structure,  or  any  part 
thereof,  shall  not  be  commenced  until  the  filing  of  such 
specifications,  plans  and  statements,  and  the  approval 
thereof,  as  above  provided.  The  inspector  of  buildings 
shall  not  issue  a  permit  for  the  erection  or  alteration  of 
any  dwelling  until  he  shall  receive  from  such  health  officer 
a  written  certification  that  the  plans  for  such  dwelling 
comply  with  those  provisions  of  this  act  for  the  enforce- 
ment of  which  the  health  officer  is  responsible.  Nor  shall 
the  inspector  of  buildings  issue  any  such  permit  unless 
said  dwelling  also  complies  with  those  provisions  of  this 
act  the  enforcement  of  which  is  vested  in  the  inspector  of 
buildings.  The  construction,  alteration  or  conversion  of 
such  dwelling,  building  or  structure  shall  be  in  accordance 
with  such  approved  specifications  and  plans.  Any  permit 
or  approval  which  may  be  issued  by  the  health  officer  but 
under  which  no  work  has  been  done  above  the  foundation 
walls  within  one  year  from  the  time  of  the  issuance  of  such 
permit  or  approval,  shall  expire  by  limitation.9  Such 
health  officer  shall  have  power  for  just  cause  to  revoke  or 
cancel  any  permit  or  approval  in  case  of  any  failure  or 
neglect  to  comply  with  any  of  the  provisions  of  this  act, 
or  in  case  any  false  statement  or  representation  is  made  in 
any  specifications,  plans  or  statements  submitted  or  filed 

264 


§  140  REQUIREMENTS    AND    REMEDIES 

for  such  permit  or  approval.  Whenever  improvements  or 
alterations  are  ordered  by  the  health  officer  in  a  dwelling 
heretofore  erected,  the  plans  for  such  changes  shall,  before 
a  permit  is  issued  by  the  inspector  of  buildings,  be  .sub- 
mitted to  the  health  officer  and  be  by  said  officer  approved. 

NOTE  i :    This  section  provides  for  the  procedure  Explana- 
with  regard  to  the  filing  of  plans  and  specifications  tion 
with  the  health  officer  before  building  a  new  dwelling, 
or  altering  an  existing  one,  or  converting  some  existing 
building  into  a  dwelling. 

NOTE  2:  It  also  applies  to  the  construction  of  a 
building  other  than  a  dwelling  on  the  same  lot,  so  as 
to  enable  the  health  officials  to  see  that  the  require- 
ments of  the  law  are  observed  and  that  the  necessary 
open  spaces  between  such  buildings  are  maintained. 

NOTE  3:   The  phrase  "verified  by  the  affidavit  of 
the  person  making  the  same"  means  that  the  state-    • 
ment  shall  be  sworn  to  before  a  notary  public  or  a 
commissioner  of  deeds. 

NOTE  4:  The  requirement  that  with  the  statement 
there  shall  be  submitted  a  plat  of  the  lot  showing  its 
dimensions  and  certain  other  facts  is  important.  A 
common  practice  with  unscrupulous  builders  and 
architects  is  to  file  false  dimensions  of  their  lots,  and 
where  the  adjoining  premises  are  not  built  upon  the 
inspector,  when  he  inspects  the  job,  is  often  deceived. 
The  requirement  that  a  plat  of  the  lot  be  filed  will 
avoid  this  and  enable  the  department  to  verify  the 
property  lines  through  the  insurance  maps  or  through 
the  records  of  some  title  company.  It  also  places  the 
department  in  a  much  stronger  position  in  subsequent 
litigation  if  an  attempt  at  deception  is  made. 

NOTE  5 :  The  name  and  address  of  the  owner  and 
other  persons  responsible  are  of  course  essential. 

NOTE  6:  No  person  should  be  permitted  to  file 
plans  unless  his  authority  so  to  do  is  authorized  in 
writing  by  the  owner.  This  is  an  important  provision. 
Without  it,  it  has  frequently  happened  that  the  archi- 
tect who  has  filed  the  plans  has  made  changes  in  them 
without  authority  from  the  owner  in  order  to  get  the 
plans  approved.  The  owner  has  then  built  the  build- 
ing in  accordance  with  the  original  plans  which  were 
disapproved,  and  when  called  to  account  by  the  de- 
265 


A    MODEL    HOUSING    LAW  §  14! 

partment  has  claimed  that  he  never  knew  that  changes 
had  been  made  and  that  he  did  not  authorize  the 
architect  to  make  them.  Under  these  circumstances 
it  is  difficult  to  hold  anybody  responsible.  The  re- 
•quirement  mentioned  will  prevent  any  such  evasion. 

NOTE  7:  The  declaration  that  any  false  swearing 
shall  be  deemed  perjury  is  probably  not  of  very  great 
value  in  view  of  the  common  practice  which  prevails 
in  many  of  our  courts  where  day  by  day  witnesses 
perjure  themselves  and  nothing  happens;  but  it  may 
have  the  moral  value  of  frightening  builders  and 
architects  who  would  otherwise  be  inclined  to  resort 
to  questionable  practices. 

NOTE  8:  It  is  necessary  to  provide  that  the  plans 
shall  be  kept  on  file  in  the  office  of  the  health  depart- 
ment because  in  some  cities  the  delightfully  ingenuous 
method  is  practiced  by  which  a  builder  submits  the 
plans  to  the  inspector  of  buildings,  the  inspector  of 
buildings  approves  them,  then  the  plans  are  taken 
away  and  the  inspector  of  buildings  has  no  means  of 
knowing  whether  the  building  is  erected  in  accord- 
ance with  the  plans  or  not.  Building  inspection  under 
these  circumstances  is  farcical,  but  this  is  the  only 
method  that  is  employed  in  a  number  of  cities.  It 
is  obvious  that  the  plans  to  be  of  value  must  remain 
in  the  health  department  at  all  times.  The  pro- 
vision that  the  plans  shall  be  deemed  public  records 
will  enable  the  housing  reformer  when  he  wishes  to  get 
after  the  public  official,  in  case  the  law  is  not  being 
complied  with,  to  get  at  the  records  and  examine 
them.  Without  such  a  clause  the  claim  might  be 
made  by  a  health  officer  who  wished  to  block  such  an 
inquiry  that  he  could  not  permit  examination  of  the 
plans  as  these  were  the  property  of  the  architect  who 
had  filed  them. 

NOTE  9:  It  is  good  practice  to  have  permits  expire 
by  limitation  after  an  interval  of  one  year.  Without 
this  provision,  the  filing  of  plans  and  the  securing  of 
their  approval  might  give  the  right  to  build  under  the 
same  plans  ten  years  later  although  the  law  might 
have  been  changed  radically  in  the  interval.  This  of 
course  is  not  desirable. 

§  141.  CERTIFICATE  OF  COMPLIANCE.1   No  building  here- 
after constructed  as  or  altered  into  a  dwelling  shall  be 

266 


§  141  REQUIREMENTS    AND    REMEDIES 

occupied  in  whole  or  in  part3  for  human  habitation  until 
the  issuance  of  a  certificate2  by  the  health  officer  that  said 
dwelling  conforms  in  all  respects  to  the  requirements  of 
those  provisions  of  this  act  relative  to  dwellings  hereafter 
erected  the  enforcement  of  which  is  vested  in  the  health 
officer  as  provided  in  section  one  hundred  and  fifty-three. 
Such  certificate  shall  be  issued  within  fifteen  days  after 
written  application  therefor  if  said  dwelling  at  the  date  of 
such  application  shall  be  entitled  thereto. 

NOTE  i :  This  is  a  provision  of  much  importance  as  Explana- 
it  assures  the  building  of  new  houses  in  strict  com- 
pliance  with  the  law,  by  preventing  their  occupancy 
without  a  certificate  from  the  health  officer  to  the 
effect  that  the  dwelling  has  been  bujlt  in  accordance 
with  law.  If  the  community  wants  its  buildings  built 
right  this  is  the  way  to  bring  it  about.  No  one  can 
properly  raise  any  objection  to  this  requirement, 
though  the  whole  building  fraternity  in  the  locality 
may  secretly  oppose  it,  as  few  buildings  are  erected  ac- 
cording to  law  at  the  present  time.  No  valid  argu- 
ment can  be  advanced  against  this  section  as  it  is  the 
builder's  business  to  know  what  the  law  is  before  he 
builds  and  to  comply  with  it.  Having  filed  plans  with 
the  health  officer  and  secured  their  approval,  it  is  his 
further  duty  to  build  in  accordance  with  them.  If 
he  wants  to  make  changes  he  should  get  the  consent  of 
the  health  officer  before  such  changes  are  made.  The 
provisions  of  this  section  should  be  strictly  enforced 
and  owners  should  not  be  permitted  to  put  tenants  in 
new  buildings  or  to  occupy  them  themselves  without 
such  a  certificate. 

NOTE  2:  Where  buildings  are  built  on  building 
loans,  as  most  of  them  are  in  our  cities,  efforts  should 
be  made  to  get  the  title  companies,  banks,  insurance 
companies,  lawyers,  and  capitalists  who  make  such 
loans  to  refuse  to  make  the  final  payment  until  the 
builder  can  show  this  final  certificate  from  the  health 
officer.  This  system  has  been  in  practice  in  New 
York  City  since  1901  and  has  brought  about  most 
beneficial  results. 

NOTE  3:  The  builders  of  modern  hotels  and  high- 
class  apartment  houses  very  often  desire  to  occupy 
part  of  such  buildings  before  the  building  is  entirely 

267 


A    MODEL    HOUSING    LAW 


§  142 


Concession 


Explana- 
tion 


completed.  There  is  no  objection  to  this  provided 
the  parts  occupied,  and  accessory  to  them,  such  as 
stairs,  elevators,  etc.,  are  built  according  to  law  and 
are  also  completed  and  fit  for  occupancy.  In  such 
cases  it  is  wise  to  adopt  the  following  Concession: 

CONCESSION:  "Nothing  in  this  section  contained  shall 
be  construed  so  as  to  prohibit  the  health  officer  from  issu- 
ing a  certificate  for  the  occupancy  of  any  complete  unit 
of  a  multiple-dwelling  when  such  unit  is  entitled  thereto 
and  is  in  proper  condition  for  occupancy  in  the  opinion 
of  the  health  officer." 

§  142.  UNLAWFUL  OCCUPATION. l  If  any  building  here- 
after constructed  as  or  altered  into  a  dwelling  be  occupied 
in  whole  or  in  part  for  human  habitation  in  violation  of 
the  last  section,  during  such  unlawful  occupation  no  rent3 
shall  be  recoverable  by  the  owner  or  lessee  of  such  premises 
for  said  period,  and  no  action  or  special  proceeding  shall 
be  maintained  therefor  or  for  possession  of  said  premises 
for  non-payment  of  such  rent,  and  said  premises  shall  be 
deemed  unfit  for  human  habitation  and  the  health  officer 
may2  cause  them  to  be  vacated  accordingly. 

NOTE  i :  This  seemingly  drastic  provision  is  neces- 
sary in  order  to  prevent  the  occupancy  of  new  build'- 
ings  built  contrary  to  law  and  which  do  not  have  a 
certificate  as  required  in  Section  141.  The  health 
officer  should  not  hesitate  to  vacate  buildings  thus 
unlawfully  occupied. 

NOTE  2:  It  is  not  made  mandatory  upon  the  health 
officer  to  vacate  buildings  thus  occupied,  because  it  is 
recognized  that  there  may  be  one  or  two  technical 
violations  of  the  law  which  are  easily  and  quickly 
remedied  and  that  a  mere  service  of  notice  upon  the 
owner  will  bring  about  compliance  without  resorting 
to  the  extreme  remedy  of  vacation.  Where  there 
are  serious  violations,  however,  buildings  should  be 
quickly  vacated.  The  only  satisfactory  thing  is  not 
to  allow  them  to  be  tenanted. 

NOTE  3:  If  objection  is  made  to  the  clause  that  no 
rent  shall  be  recoverable  by  the  owner  and  that  no 
268  ' 


§  143  REQUIREMENTS   AND    REMEDIES 

action  for  the  recovery  of  the  premises  or  for  non- 
payment of  rent  may  be  had,  on  the  ground  that  this 
is  too  drastic,  there  is  no  harm  in  permitting  a  con- 
cession in  this  respect.  In  such  case  the  following 
concession  is  suggested.  After  the  words  "unlawful 
occupation"  omit  the  following: 

CONCESSION:    "no   rent   shall   be  recoverable  by  the  Concession 
owner  or  lessee  of  such  premises  for  said  period,  and  no 
action  or  special  proceeding  shall  be  maintained  therefor 
or  for  possession  of  said  premises  for  non-payment  of  such 
rent,  and" 

§  143.  PENALTIES  FOR  VIOLATIONS. 1  Every  person  who  • 
shall  violate  or  assist  in  the  violation  of  any  provision  of 
this  act  shall  be  guilty  of  a  misdemeanor2  punishable  by 
imprisonment  for  TEN  days  for  each  and  every  day  that 
such  violation  shall  continue,  or  by  a  fine  of  not  less  than 
TEN  dollars  nor  more  than  ONE  HUNDRED  dollars  if 
the  offense  be  not  wilful,  or  of  TWO  HUNDRED  AND 
FIFTY  dollars  if  the  offense  be  wilful,  and  in  every  case 
of  TEN  dollars  for  each  day  after  the  first  that  such  vio- 
lation shall  continue,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  of  the  court.  The  owner  of  any 
4welling,  or  of  any  building  or  structure  upon  the  same 
lot  with  a  dwelling,  or  of  the  said  lot,  where  any  violation 
of  this  act  or  a  nuisance  exists,  and  any  person  who  shall 
violate  or  assist  in  violating  any  provision  of  this  act,  or 
any  notice  or  order  of  the  health  officer3  made  under  the 
authority  of  the  provisions  of  this  act,  shall  also  jointly 
and  severally  for  each  such  violation  and  each  such  nuis- 
ance be  subject  to  a  civil  penalty  of  FIFTY  dollars.4 
Such  persons  shall  also  be  liable  for  all  costs,  expenses 
and  disbursements5  paid  or  incurred  by  the  health  de- 
partment, by  any  of  the  officers  thereof  or  by  any  agent, 
employee  or  contractor  of  the  same,  in  the  removal  of 
any  such  nuisance  or  violation.  Any  person  who  having 
been  served  with  a  notice  or  order  to  remove  any  such 
nuisance  or  violation  shall  fail  to  comply  with  said  no- 

269 


A    MODEL    HOUSING    LAW  §  143 

tice  or  order  within  FIVE  days  after  such  service,  or  shall 
continue  to  violate  any  provision  or  requirement  of  this 
act  in  the  respect  named  in  said  notice  or  order,  shall  also 
be  subject  to  a  civil  penalty  of  TWO  HUNDRED  AND 
FIFTY  dollars.  For  the  recovery  of  any  such  penalties, 
costs,  expenses  or  disbursements,  an  action  may  be  brought 
in  any  court  of  civil  jurisdiction.6  In  case  the  notice  re- 
quired by  sections  one  hundred  and  forty-eight  and  one 
hundred  and  forty-nine  of  this  act  is  not  filed,  or  in  case 
the  owner,  lessee  or  other  person  having  control  of  such 
dwelling  does  not  reside  within  the  state,  or  cannot  after 
diligent  effort  be  served  with  process  therein,  the  existence 
•  of  a  nuisance  or  of  any  violation  of  this  act,  or  of  any 
violation  of  an  order  or  a  notice  made  by  said  health  offi- 
cer as  authorized  by  this  act,  in  said  dwelling  or  on  the 
lot  on  which  it  is  situated,  shall  subject  said  dwelling  and 
lot7  to  a  penalty  of  TWO  HUNDRED  AND  FIFTY  dol- 
lars. Said  penalties  shall  be  a  lien8  upon  said  house  and  lot. 

Explana-  NOTE  i :  This  important  section  of  the  law  provides 

for  the  penalties  incurred  by  persons  violating  it.  It 
should  be  noted,  in  the  first  place,  that  every  person 
who  violates  any  provision  of  the  act  is  liable  under  it. 
This  means  not  only  owners,  but  tenants,  also  con- 
tractors, builders,  architects  and  their  assistants  or 
workmen.  It  even  applies  to  public  officials.  IT 
the  health  officer  or  inspector  of  buildings  violates  it 
in  failing  to  enforce  it,  he  is  similarly  liable  for  these 
penalties. 

This  provision  is  one  to  point  out  to  owners  when 
they  make  claim,  as  they  always  do,  that  the  tenant  is 
never  held  responsible  and  that  all  responsibility  is 
placed  upon  the  owner.  This  should  answer  that 
argument. 

NOTE  2:  Two  kinds  of  penalties  are  provided,  crim- 
inal and  civil.  Under  the  criminal  procedure  a  viola- 
tion of  the  act  is  punishable  by  either  imprisonment 
for  ten  days  for  each  day  that  the  violation  continues 
or  by  a  fine  of  not  less  than  $10  or  more  than  $100; 
but  where  the  violation  is  wilful,  the  fine  is  made  §250, 
or  the  offender  may  be  punished  by  both  fine  and  im- 
prisonment in  the  discretion  of  the  court. 
270 


§  144  REQUIREMENTS   AND    REMEDIES 

NOTE  3:  It  should  be  observed  that  the  penalties 
which  attach  to  the  violation  of  this  law  also  attach  to 
the  failure  to  comply  with  any  notice  issued  by  the 
health  officer  under  authority  of  this  act,  which  is  a 
very  distinct  broadening  of  his  powers. 

NOTE  4:  Any  person  violating  the  law  is  also  sub- 
ject to  a  civil  penalty  of  $50  and  to  a  further  civil 
penalty  of  $250  if  he  fails  to  comply  with  a  notice  or 
order  from  the  enforcing  official  within  five  days  after 
service  thereof. 

NOTE  5 :  Liability  is  also  incurred  for  any  necessary 
disbursements  or  expenses  incurred  by  the  health  de- 
partment in  remedying  unsanitary  conditions.  This 
applies  where  the  health  officer  is  unable  to  get  prompt 
compliance  from  the  owner  and  has  to  remove  the 
violation  himself  through  his  own  employees  or  con- 
tractors, as  is  authorized  in  the  last  part  of  Section  144. 

NOTE  6:  An  important  provision  is  the  one  which 
gives  the  department  the  right  to  bring  an  action  in 
any  court  of  civil  jurisdiction.  This  means  that  these 
actions  need  not  be  brought  always  in  the  minor 
courts  where  the  judges  are  often  not  sympathetic  to 
the  enforcement  of  housing  laws. 

NOTE  7:  The  somewhat  novel  procedure  is  adopted 
by  which  where  it  is  difficult  to  find  the  owner,  or  in 
the  case  of  an  absentee  owner,  it  is  possible  to  bring 
proceedings  in  rent,  that  is,  against  the  dwelling  itself, 
following  the  practice  that  prevails  in  the  admiralty 
law. 

NOTE  8:  The  requirement  that  penalties  imposed 
in  such  cases  shall  be  a  lien  on  the  property  is  neces- 
sary, as  otherwise  the  owner  might  transfer  the  prop- 
erty and  thus  escape  the  penalty. 


§  144.  PROCEDURE.1  Except  as  herein  otherwise  speci- 
fied, the  procedure  for  the  prevention  of  violations  of  this 
act  or  for  the  vacation  of  premises  unlawfully  occupied, 
or  for  other  abatement  of  nuisance  in  connection  with  a 
dwelling,  shall  be  as  set  forth  in  charter  and  ordinances. 
In  case  any  dwelling,  building  or  structure  is  constructed, 
altered,  converted  or  maintained  in  violation  of  any  pro- 
vision of  this  act  or  of  any  order  or  notice  of  the  health 
officer  made  under  the  authority  of  the  provisions  of  this 

271 


A    MODEL    HOUSING    LAW  §  144 

act,  or  in  case  a  nuisance  exists  in  any  such  dwelling, 
building  or  structure  or  upon  the  lot  on  which  it  is  situated, 
said  health  officer  may  institute  any  appropriate  action2 
or  proceeding  to  prevent  such  unlawful  construction,  al- 
teration, conversion  or  maintenance,  to  restrain,  correct 
or  abate  such  violation  or  nuisance,  to  prevent  the  occu- 
pation of  said  dwelling,  building  or  structure,  or  to  prevent 
any  illegal  act,  conduct  or  business  in  or  about  such  dwell- 
ing or  lot.  In  any  such  action  or  proceeding  said  health 
officer  may  by  affidavit  setting  forth  the  facts  apply  to 
the  circuit3  court  or  to  any  justice  thereof  for  an  order 
granting  the  relief  for  which  said  action  or  proceeding  is 
brought,  or  for  an  order  enjoining  all  persons  from  doing 
or  permitting  to  be  done  any  work  in  or  about  such  dwell- 
ing, building,  structure  or  lot,  or  from  occupying  or  using 
the  same  for  any  purpose  until  the  entry  of  final  judgment 
or  order.  In  case  any  notice  or  order  issued  by  said  health 
officer  is  not  complied  with,  said  health  officer  may  apply 
to  the  circuit  court3  or  to  any  justice  thereof  for  an 
order  authorizing  him  to  execute  and  carry  out4  the  pro- 
visions of  said  notice  or  order,  to  remove  any  violation 
specified  in  said  notice  or  order,  or  to  abate  any  nuisance 
in  or  about  such  dwelling,  building  or  structure  or  the 
lot  upon  which  it  is  situated.  The  court  or  any  justice 
thereof  is  hereby  authorized  to  make  any  order  specified 
in  this  section.  In  no  case  shall  the  health  department, 
health  officer,  or  any  officer  or  employee  thereof,  or  the 
city,  be  liable5  for  costs  in  any  action  or  proceeding  that 
may  be  commenced  in  pursuance  of  this  act.  The  actions, 
proceedings  and  authority  of  the  health  officer  shall  at 
all  times  be  regarded  as  in  their  nature  judicial,  and  shall 
be  treated  as  prima  facie  just  and  legal.6 

Explana-  NOTE  i :   It  is  deliberately  planned  in  this  and  other 

tion  sections  to  give  to  the  enforcing  officials  in  their  fight 

against  unsanitary  conditions  every  weapon  known  to 

modern  or  ancient  warfare.     The  health  officer  should 

be  armed  with  rifle,  shot  gun,  automatic  revolver, 

howitzer,  stiletto,  dirk,  cutlass,  and  poighard.     It  is 

272 


§  144  REQUIREMENTS   AND    REMEDIES 

true  that  he  will  seldom  wish  to  use  all  of  these;  cer- 
tainly not  all  at  once;  but  there  are  troublesome  cases 
where  he  may  need  to  use  powers  which  he  would 
ordinarily  not  think  of  using.  One  great  advantage  of 
giving  such  broad  powers  to  the  enforcing  official  is 
that  it  deprives  him  completely  of  the  excuse  that  he 
has  riot  sufficient  power  to  enable  him  to  remedy  the 
conditions.  This  is  a  favorite  excuse  of  incompetent 
public  officials  in  all  branches  of  civic  work.  On  the 
other  hand,  housing  reformers  need  have  no  fear  of 
such  powers  being  abused.  The  cases  where  a 
health  officer  has  exceeded  his  powers  are  so  rare  as  to 
be  negligible.  The  ordinary  health  officer  is  much 
more  likely  to  err  on  the  other  side  and  fail  to  use  his 
powers  because  of  "pressure"  or  opposition  of  in- 
terests affected. 

NOTE  2:  Under  the  provisions  of  this  and  other 
sections  the  health  officer  may  use  any  or  all  of  the 
following  methods  in  trying  to  bring  about  compliance 
with  the  law.  He  may  sue  the  responsible  person  for 
a  penalty  in  a  civil  suit;  he  may  arrest  the  offender 
and  put  him  in  jail;  he  may  stop  the  work  in  the  case 
of  a  new  building,  and  prevent  its  going  on;  he  may 
prevent  the  occupancy  of  a  building  and  keep  it 
vacant  until  such  time  as  the  conditions  complained 
of  are  remedied;  he  can  evict  the  occupants  of  a 
building  where  conditions  are  contrary  to  law  and 
prevent  its  reoccupancy  until  the  conditions  have 
been  cured;  and  finally,  he  can  hire  workmen  and  go 
in  and  remedy  the  defects  himself,  charging  the  cost 
to  the  owner.  All  of  these  things  a  health  officer 
should  be  given  power  to  do.  No  one  of  them  is  un- 
necessary. For  further  discussion  of  this  subject  see 
Housing  Reform.* 

NOTE  3:  It  should  be  observed  that  under  the  pro- 
visions of  this  section  the  health  officer  is' not  limited 
to  bringing  actions  in  the  minor  courts,  where  fre- 
quently unsatisfactory  results  are  obtained.  In- 
stead if  he  so  desires  he  can  bring  an  action  in  the 
higher  courts.  The  name  of  such  court  varies  in  dif- 
ferent states.  By  "circuit"  court  is  meant  that  state 
court  next  highest  to  the  court  of  last  resort  in  the 
state. 

NOTE  4:    The  power  to  hire  laborers  and  do  the 

*  Housing  Reform,  pp.   138-144. 
18  273 


A    MODEL   HOUSING    LAW  §  145 

"work  himself  is  an  important  one,  especially  in  cases 
where  nuisances  exist  which  are  dangerous  to  the 
community  and  the  owner  refuses  or  neglects  to  com- 
ply with  reasonable  promptness.  This  is  especially 
important  in  the  case  of  a  privy  vault  where  an  entire 
neighborhood  may  be  injured  by  its  presence  or  where 
there  are  accumulations  of  filth  and  garbage  in  back 
yards  and  the  owner  cannot  be  brought  to  remove 
them. 

If  the  health  officer  is  to  do  such  work,  however, 
provision  must  be  made  for  a  contingent  fund  out  of 
which  he  can  pay  the  contractors  as  otherwise  this 
power  will  be  found  of  little  effect.  It  is  not  advised 
that  this  method  be  generally  employed  but  only  in 
emergencies. 

NOTE  5 :  The  provision  that  the  city  officials  shall 
not  be  liable  for  suits  for  damages  because  of  their 
official  action  is  a  very  proper  one.  Without  this 
provision  it  might  be  easy  for  an  owner  to  scare  a 
timid  health  officer  by  threatening  personal  prosecu- 
tion with  the  result  of  stopping  the  issuance  of  orders 
necessary  for  the  protection  of  the  health  of  the 
community. 

NOTE  6:  The  requirement  that  the  actions,  proceed- 
ings and  authority  of  the  health  officer  shall  be 
deemed  just  and  legal  is  an  important  one  and  saves  a 
great  deal  of  red  tape  in  the  authentication  of  papers 
of  the  health  department.  It  is  proper  that  the  court 
should  enter  upon  the  hearing  of  the  case  with  the 
assumption  that  the  city  officials  are  acting  in  good 
faith.  It  is  not  like  a  case  of  private  litigation. 

§  145.  TENANT'S  RESPONSIBILITY.  If  the  occupant  of  a 
dwelling  shall  fail  to  comply  with  any  provision  of  this  act 
for  which  he  is  responsible  and  over  which  he  has  control 
after  due  and  proper  notice  from  the  health  officer,  such 
failure  to  comply  shall  be  deemed  sufficient  cause  for  the 
summary  eviction  of  such  tenant  by  the  owner  and  the 
cancellation  of  his  lease. 

Explana-  NOTE:  This  is  an  important  and  necessary  provi- 

si°n  so  far  as  it  relates  to  conditions  for  which  the  oc- 
cupants of  dwellings  are  responsible  and  over  which 
they  have  control.     This  means  especially  conditions 
274 


§§    146,  147       REQUIREMENTS   AND   REMEDIES 

of  unclearjliness,  accumulations  of  filth,  and  so  forth. 
It  properly  gives  the  owner  a  club  to  hold  over  the 
delinquent  tenant's  head.  Where  he  fails  to  clearu 
up  and  the  owner  evicts  him  and  the  dwelling  becomes 
vacant,  then  of  course  the  duty  of  cleaning  up  rests 
on  the  owner  before  a  new  tenant  is  taken  into  the 
house. 

§  146.  LIENS.  Every  fine  imposed  by  judgment  under 
section  one  hundred  and  forty-three  of  this  act  upon  the 
owner  of  a  dwelling  shall  be  a  lien1  upon  the  real  property 
in  relation  to  which  the  fine  is  imposed  from  the  time  of  the 
filing  of  a  certified  copy  of  said  judgment  in  the  office  of 
the  clerk  of  the  county  in  which  said  dwelling  is  situated, 
subject  only  to  taxes,  assessments  and  water  rates  and  to 
such  mortgage  and  mechanics'  liens  as  may  exist  thereon 
prior  to  such  filing;  and  it  shall  be  the  duty  of  the  health 
officer  upon  the  entry  of  said  judgment  to  forthwith  file 
the  copy  as  aforesaid,  and  such  copy,  upon  such  filing, 
shall  be  forthwith  indexed  by  the  clerk  in  the  index  of 
mechanics'  liens. 

NOTE   i :    All  penalties  that  may  be  imposed  by 

,  11-  .1  <-m    •       • 

judgment  are  made  hens  upon  the  property.  This  is 
necessary  as  otherwise  there  would  be  no  way  of  col- 
lecting them,  as  the  owner  could  transfer  the  property 
to  a  dummy.  Judgments  under  such  circumstances 
would  have  no  terror  for  owners  who  refused  to  obey 
the  law,  and  civil  proceedings,  as  well  as  criminal  pro- 
ceedings where  fines  are  imposed,  would  soon  lose 
their  value  as  a  means  of  securing  law  enforcement. 

NOTE  2:  Care  should  be  taken  to  see  that  the 
method  prescribed  here  is  in  harmony  with  the  local 
practice. 

§  147.  Lis  PENDENs.1  In  any  action  or  proceeding  in- 
stituted by  the  health  officer,  the  plaintiff  or  petitioner 
may  file  in  the  county  clerk's  office  of  the  county  where  the 
property  affected  by  such  action  or  proceeding  is  situated, 
a  notice  of  the  pendency  of  such  action  or  proceeding. 
Said  notice  may  be  filed  at  the  time  of  the  commencement 

275 


A    MODEL   HOUSING    LAW  §  148 

of  the  action  or  proceeding,  or  at  any  time  afterwards 
before  final  judgment  or  .order,  or  at  any  time  after  the 
service  of  any  notice  or  order  issued  by  said  health  officer. 
Such  notice  shall  have  the  same  force  and  effect  as  the 
notice  of  pendency  of  action  provided  for  in  the  code  of 
civil  procedure.  Each  county  clerk  with  whom  such 
notice  is  filed  shall  record  it,  and  shall  index  it  to  the  name 
of  each  person  specified  in  a  direction  subscribed  by  the 
corporation  counsel.  Any  such  notice  may  be  vacated 
upon  the  order  of  a  judge  or  justice  of  the  court  in  which 
such  action  or  proceeding  was  instituted  or  is  pending,  or 
upon  the  consent  in  writing  of  the  corporation  counsel. 
The  clerk  of  the  county  where  such  notice  is  filed  is  hereby 
directed  to  mark  such  notice  and  any  record  or  docket 
thereof  as  canceled  of  record,  upon  the  presentation  and 
filing  of  such  consent  or  of  a  certified  copy  of  such  order. 

Explana-  NOTE  i :   The  purpose  of  this  provision  is  to  make 

|.jon  public  the  fact  that  there  is  litigation  with  regard  to  a 

particular  building  and  that  there  are  violations  of 
law  which  the  city  is  trying  to  have  removed,  and  thus 
prevent  unscrupulous  owners  from  "unloading"  the 
property  upon  innocent  purchasers  who  might  buy 
in  ignorance  of  the  fact  that  there  were  these  existing 
violations.  This  provision  should  be  differentiated 
from  the  ordinary  filing  of  a  Us  pendens  (suit  pending) 
after  the  entry  of  final  judgment,  which  of  course  can 
always  be  done  without  any  special  provision  in  an 
act  of  this  kind.  What  this  section  does  is  to  permit 
the  filing  of  such  notice  at  the  beginning  of  the  action, 
not  waiting  until  after  judgment  has  been  rendered. 
This  enables  fhe  health  department,  where  they  have 
reason  to  believe  that  the  owner  is  likely  to  evade 
compliance,  to  file  a  Us  pendens  immediately  upon  the 
service  of  its  first  notice. 

NOTE  2:  Care  should  be  taken  to  see  that  the  pro- 
visions of  this  section  harmonize  with  the  local  prac- 
tice. 

§  148.  REGISTRY  OF  OWNER'S  NAME.  Every  owner  of  a 
dwelling  and  every  lessee  of  the  whole  house  or  other  per- 
son having  control  of  a  dwelling,  shall  file  in  the  health  de- 

276 


§  149  REQUIREMENTS    AND    REMEDIES 

partment  a  notice  containing  his  name  and  address  and 
also  a  description  of  the  property,  by  street  number  or 

otherwise  as  the  case  may  be,  in  such  manner  as  will  en- 

able  the  said  department  easily  to  find  the  same. 

NOTE:  This  is  an  important  section  and  is  essential  Explana- 
to  a  proper  enforcement  of  sanitary  laws.  As  the  re-  tion 
sponsibility  for  compliance  rests  in  most  cases  upon  the 
owner,  it  is  of  vital  concern  to  the  health  department 
that  the  name  and  address  of  every  person  responsible 
for  the  maintenance  of  sanitary  conditions  in  the  city 
should  be  quickly  ascertainable.  Unless  this  informa- 
tion is  kept  on  file  in  the  health  department  much 
time  and  energy  are  wasted  in  a  search  for  the  names 
and  addresses  of  owners.  Years  ago  in  one  of  our 
Eastern  cities  in  order  to  meet  this  situation  a  law  was 
passed  requiring  the  posting  of  the  owner's  name  and 
address  in  a  conspicuous  place  inside  of  the  entrance 
door  of  every  tenement  house,  but  this  provision  in 
practice  did  not  work.  It  was  difficult  to  enforce  and 
subjected  owners  to  a  vast  amount  of  solicitation 
from  advertising  agents  and  persons  who  wished  to 
sell  goods  to  them.  It  also  opened' up  possibilities 
of  blackmail  in  connection  with  the  purchase  of 
property.  The  law  was  subsequently  repealed.  The 
provision  found  in  this  code  has  been  found  to  work 
admirably  in  practice.  No  owner  of  property  can 
with  reason  object  to  a  requirement  that  he  shall 
register  his  name  and  address  with  the  public  officials, 
especially  with  the  health  department.  The  health 
department  should  see  that  this  section  is  strictly 
enforced. 


§  149.  REGISTRY  OF  AGENT'S  NAME.  Every  owner,  agent 
or  lessee  of  a  dwelling  may  file  in  the  health  department  a 
notice  containing  the  name  and  address  of  an  agent  of 
such  house,  for  the  purpose  of  receiving  service  of  process, 
and  also  a  description  of  the  property  by  street  number  or 
otherwise  as  the  case  may  be,  in  such  manner  as  will  en- 
able the  health  department  easily  to  find  the  same.  The 
name  of  the  owner  or  lessee  may  be  filed  as  agent  for  this 
purpose. 

277 


A    MODEL   HOUSING    LAW 


§§150, 


Explana-  NOTE:  This  is  quite  a  different  provision  from  the 

tlon  one  in  tne  preceding  section,  though  it  may  seem  very 

similar  at  first  glance.  Instead  of  imposing  a  duty 
upon  the  owner,  this  grants  him  a  privilege  and  enables 
the  owner  of  property  for  his  own  convenience  to  file 
in  the  health  department  the  name  of  a  person  to 
whom  he  wishes  all  departmental  notices  to  be  sent. 

§  150.  SERVICE  OF  NOTICES  AND  ORDERS.  Every  notice 
or  order  in  relation  to  a  dwelling  shall  be  served  FIVE  days 
before  the  time  for  doing  the  thing  in  relation  to  which  it 
shall  have  been  issued;  except  that  in  cases  of  public 
emergency  where  the  health  of  the  community  is  involved, 
the  health  officer  may  require  an  earlier  compliance.  The 
posting  of  a  copy  of  such  notice  or  order  in  a  conspicuous 
place  in  the  dwelling,  together  with  the  mailing  of  a  copy 
thereof  on  the  same  day  that  it  is  posted,  to  each  person, 
if  any,  whose  name  has  been  filed  with  the  health  depart- 
ment in  accordance  with  the  provisions  of  sections  one 
hundred  and  forty-eight  and  one  hundred  and  forty-nine 
of  this  act  at  ht  address  as  therewith  filed,  shall  be  suffi- 
cient service  thereof. 

Explana-  NOTE:  This  permits  legal  service  by  the  posting  of 

tion  a  c°py  °f  the  notice  in  the  dwelling  itself  in  addition 

to  mailing  a  copy  to  the  person  whose  name  is  regis- 
tered in  the  health  department,  as  required  by  Section 
148.  It  thus  does  away  with  the  delay  and  expense 
that  are  usual  in  cases  where  personal  service  is  re- 
quired. In  view  of  the  fact  that  legal  service  can  be 
made  in  this  way,  an  added  incentive  is  afforded 
owners  to  register  their  names  in  the  department,  as 
otherwise  they  are  likely  to  have  no  copy  of  orders 
served  upon  them  except  by  chance  seeing  a  copy  that 
may  be  posted  on  the  wall  of  the  dwelling  of  which 
they  are  the  owner.  In  such  event  they  have  no  one 
to  blame  but  themselves  and  the  courts  will  hold 
them  liable,  as  if  they  had  been  personally  served. 

§151.  SERVICE  OF  SUMMONS.  In  any  action  brought  by 
the  health  officer  in  relation  to  a  dwelling  for  injunction, 
vacation  of  the  premises  or  abatement  of  nuisance,  or  to 

278 


§§  152,  153        REQUIREMENTS    AND    REMEDIES 

establish  a  lien  thereon,  it  shall  be  sufficient  service  of 
the  summons  to  serve  the  same  as  notices  and  orders  are 
served  under  the  provisions  of  the  last  section;  provided, 
that  if  the  address  of  any  agent  whose  name  and  address 
have  been  filed  in  accordance  with  the  provisions  of  sec- 
tion one  hundred  and  forty-nine  of  this  act  is  in  the  city  in 
which  the  dwelling  is  situated,  then  a  copy  of  the  summons 
shall  also  be  delivered  at  such  address  to  a  person  of  proper 
age,  if  upon  reasonable  application  admittance  can  be  ob- 
tained and  such  person  found;  and  provided  also,  that 
personal  service  of  the  summons  upon  the  owner  of  such 
dwelling  shall  be  sufficient  service  thereof  upon  him. 

NOTE:  This  simply  provides  that  the  modes  of  Explana- 
service  authorized  in  the  preceding  section  for  notices 
and  orders  shall  also  be  legal  for  the  service  of  sum- 
monses. Both  provisions  are  based  upon  the  assump- 
tion that  owners  of  residence  property  are  responsible 
for  the  maintenance  of  their  property  and  that  they 
must  accept  such  responsibility  when  they  purchase 
it  and  that  the  duty  of  living  up  to  that  responsibility 
is  imposed  primarily  upon  them  and  not  upon  the 
public  officials. 

§  1 52.  INDEXING  NAMES.  The  names  and  addresses  filed 
in  accordance  with  sections  one  hundred  and  forty-eight 
and  one  hundred  and  forty-nine  shall  be  indexed  by  the 
health  officer  in  such  a  manner  that  all  of  those  filed  in 
relation  to  each  dwelling  shall  be  together  and  readily  as- 
certainable.  Said  indexes  shall  be  public  records,  open  to 
public  inspection  during  business  hours. 

§  1 53.  ENFORCEMENT.1  The  provisions  of  this  act  shall 
be  enforced  in  each  city,  town  and  village  by  the  health 
officer,2  except  that  the  inspector  of  buildings  shall  enforce 
sections  fifty  to  sixty-two  inclusive,  also  sections  seventy- 
nine,  eighty,  eighty-two,  eighty-four,  one  hundred  and 
twenty-seven,  one  hundred  and  twenty-eight  and  one 
hundred  and  twenty-nine.  Where  there  is  no  inspector  of 
buildings,  such  last-named  sections  shall  be  enforced  by 

279 


A    MODEL    HOUSING    LAW  §  153 

the  state  fire  marshal,  unless  the  mayor  or  other  chief 
executive  officer  of  such  city,  town  or  village  shall  designate 
some  other  public  official  thereof  for  the  enforcement  of  the 
said  sections. 

Such  supplementary  ordinances  as  are  authorized  to  be 
enacted  under  the  authority  of  section  seven  of  this  act 
by  the  local  legislative  bodies  of  each  city,  town  or  village, 
shall  be  enforced  by  the  health  officer  and  the  inspector 
of  buildings  on  the  same  basis  as  above  outlined.  The  in- 
spector of  buildings  shall  enforce  such  provisions  relative 
only  to  fire  prevention,  fire-escapes,  egress  and  the  like. 
The  health  officer  shall  enforce  all  other  provisions  espe- 
cially those  relative  to  light,  ventilation,  plumbing,  sani- 
tation, occupancy,  maintenance  and  the  like. 

Each  of  said  officers  shall  keep  and  preserve  as  to  each 
building  a  complete  record  of  all  inspections,  permits  and 
orders  issued  pursuant  to  this  act.  An  action  may  be 
brought  and  proceedings  taken  for  the  enforcement  of 
this  act  by  any  taxpayer3  of  the  city,  town  or  village. 

Explana-  NOTE  i :    There  will  probably  be  great  difference 

tion  of  opinion  in  reference  to  this  section.     The  scheme 

outlined  here  with  reference  to  the  enforcement  of 
the  act  contemplates  its  enforcement  in  its  entirety 
(with  the  exception  of  those  provisions  which  relate 
to  means  of  egress  and  fire-escapes)  by  the  health 
department.  This  is  done  deliberately.  While  very 
plausible  reasons  can  be  advanced  for  a  division  of 
responsibility  between  the  health  officer  and  inspector 
of  buildings,  or  similar  official,  such  division  of  re- 
sponsibility does  not  work  out  advantageously  in 
actual  practice.  It  is  claimed,  for  example,  that  the 
inspector  of  buildings,  whose  duty  it  is  to  see  that 
all  new  structures  and  those  altered  are  built  in 
compliance  with  the  law,  should  enforce  those  pro- 
visions of  this  act  which  deal  with  new  structures  or 
with  alterations,  and  that  the  health  department 
should  confine  itself  to  the  securing  of  sanitary  con- 
ditions in  existing  houses.  From  many  points,  of 
view  this  is  logical,  but  it  is  not  desirable.  It  is  quite 
true  that  the  building  officials  concern  themselves 
with  new  buildings  and  with  nothing  else,  as  a  rule, 
280 


§  153  REQUIREMENTS   AND    REMEDIES 

It  is  also  true  that  the  health  officials  concern  them- 
selves with  the  maintenance  of  sanitary  conditions  in 
existing  buildings  and  not  with  new  buildings,  but  not- 
withstanding this  fact  it  is  necessary  that  the  health 
officials  of  the  community  should  enforce  all  of  the 
provisions  of  a  housing  law  except  those  which  deal 
with  fire-escapes  and  means  of  egress.  Practically 
all  the  other  provisions,  excepting  the  provisions  of 
Title  3  of  Article  II  entitled  Fire  Protection,  deal 
with  sanitary  conditions;  that  is,  with  making  sure 
that  adequate  light  and  ventilation  are  secured,  that 
rooms  are  large  enough  and  properly  arranged,  and 
that  sanitary  conditions  of  various  kinds  are  main- 
tained. The  health  officials  are  the  only  persons  who 
are  really  competent  to  determine  these  questions. 
There  are,  moreover,  no  practical  difficulties  in  the  way 
of  this  plan  of  enforcement,  so  far  as  this  law  is  con- 
cerned, as  the  law  does  not  concern  itself  with  those 
technical  phases  of  building  construction  which  are 
usually  found  in  building  codes  and  which  it  might  be 
difficult  to  have  an  ordinary  sanitary  inspector  pass 
upon.  A  sanitary  inspector,  however,  is  quite  as  com- 
petent to  measure  a  court  and  determine  whether  it  is  i  o 
feet  wide  or  not  as  is  a  building  inspector;  he  is  quite 
as  competent  to  measure  a  room  and  see  if  it  con- 
tains 90  square  feet  and  is  9  feet  high  as  is  a  build- 
ing inspector;  and  so  with  the  other  provisions  of  the 
act  which  deal  with  new  buildings.  It  is  true  that 
the  provisions  of  Title  3  of  Article  II,  dealing  with 
Fire  Protection,  do  more  properly  belong  in  the  build- 
ing department,  but  as  the  health  inspector  has  to 
inspect  the  building  to  see  that  the  other  require- 
ments are  being  complied  with,  it  has  seemed  best 
to  place  the  enforcement  of  all  the  provisions  of  the 
housing  law  in  the  hands  of  the  health  officials,  with 
the  one  exception  of  fire-escapes  and  means  of  egress, 
thus  making  a  clean-cut  division  between  the  duties 
of  these  two  officials.  Under  this  plan  the  inspector 
of  buildings  enforces  the  building  code,  the  health 
officer  enforces  the  housing  law.  The  reasons  which 
lead  to  these  conclusions  will  be  found  fully  set  forth 
in  Housing  Reform.* 

NOTE  2:   In  some  cities  it  may  be  more  appropriate 
to,  place  the  responsibility  for  the  enforcement  of  the 

*  Housing  Reform,  pp.  123-129. 
28l 


A    MODEL    HOUSING    LAW  §§  154,  155 

law  upon  the  health  "department"  rather  than  upon 
the  health  officer.  As  a  rule  the  health  officer  is  in 
most  places  the  chief  executive  officer  of  the  health 
department,  but  in  some  cities  this  is  not  the  case 
and  he  occupies  a  more  or  less  subordinate  position. 
The  matter  should  be  adjusted  to  suit  the  local 
conditions. 

NOTE  3:  The  provision  contained  in  the  last 
sentence  of  this  section,  giving  the  right  to  a  taxpayer 
to  institute  an  action  for  the  enforcement  of  the  act, 
is  a  very  valuable  provision  and  will  prove  of  great 
service  where  public  officials  are  inclined  to  be  lax 
or  dilatory. 

§  154.  POWERS  CONFERRED.  The  powers  conferred 
by  this  act  upon  the  public  officials  mentioned  in  this  act 
shall  be  in  addition  to  the  powers  already  conferred  upon 
said  officers,  and  shall  not  be  construed  as  in  any  way 
limiting  their  powers  except  as  provided  in  section  seven. 

Explana-  NOTE  :  This  provision  is  necessary  because  in  some 

tion  cities  it  has  been  claimed  that  the  powers  conferred 

by  an  act  of  this  kind  are  in  lieu  of  powers  which 

already  exist  and  therefore  take  away  some  of  the 

existing  powers.     This  of  course  is  undesirable. 

§155.  INSPECTION  OF  DWELLINGS.  The  health  officer 
shall  cause  a  periodic  inspection1  to  be  made  of  every 
multiple-dwelling2  at  least  once  a  year.  Such  inspection 
shall  include  thorough  examination  of  all  parts  of  such 
multiple-dwelling  and  the  premises  connected  therewith. 
The  health  officer  is  also  hereby  empowered  to  make 
similar  inspections  of  all  dwellings  as  frequently  as  may 
be  necessary. 

Explana-  NOTE  i:    This  is  a  vitally  important  section.     It 

makes  mandatory  periodic,  systematic  inspection  of 
all  multiple  dwellings  at  least  once  a  year.  This  is 
the  only  system  of  inspection  worthy  of  the  name. 
The  ideal  requirement  would  be  to  have  such  inspec- 
tion made  every  three  months,  but  this  is  not  feasible 
in  most  cities  as  the  expense  involved  is  too  great. 
Once  a  year,  however,  is  entirely  practicable.  For 
282  - 


§  156  REQUIREMENTS    AND    REMEDIES 

further  discussion  of  this  subject  see  Housing  Re- 
form.* 

NOTE  2:  It  should  be  noted  that  this  requirement 
calling  for  a  mandatory  inspection  once  a  year  is 
limited  to  multiple  dwellings  although  the  health 
officer  is  empowered  to  make  similar  inspections  of 
all  dwellings  as  frequently  as  may  be  necessary. 
Some  ingenious  persons  may  claim  that  the  inspec- 
tion by  health  officers  of  multiple  dwellings  is  limited 
to  once  a  year.  Such  claim  should  not  be  entertained 
for  a  moment,  in  view  of  the  provisions  contained 
in  Sections  154  and  156  and  also  the  further  clear 
and  distinct  language  employed  in  Section  155.  In 
other  words,  the  health  officer  must  inspect  every 
multiple  dwelling  at  least  once  a  year  and  may  inspect 
it  as  often  as  he  finds  it  necessary  or  desirable. 

§  1 56.  RIGHT  OF  ENTRY.1  The  health  officer  and  all  in- 
spectors, officers  and  employees  of  the  health  department, 
and  such  other  persons2  as  may  be  authorized  by  the 
health  officer,  may  without  fee  or  hindrance  enter,  examine 
and  survey  all  premises,  grounds,  erections,  structures, 
apartments,  dwellings,  buildings  and  every  part  thereof  in 
the  city.  The  owner  or  his  agent  or  representative  and  the 
lessee  and  occupant3  of  every  dwelling  and  every  person 
having  the  care  and  management  thereof  shall  at  all  rea- 
sonable times  when  required  by  any  of  such  officers  or 
persons  give  them  free  access  to  such  dwellings  and  prem- 
ises. The  owner  of  a  dwelling  and  his  agents  and  em- 
ployees shall  have  right  of  access4  to  such  dwelling  at 
reasonable  times  for  the  purpose  of  bringing  about  a  com- 
pliance with  the  provisions  of  this  act  or  any  order  issued 
thereunder. 

NOTE    i :    Without   this   definite   grant  of   power  Explana- 
health  officers  have  often  found  themselves  estopped 
from  carrying  on  their  work. 

NOTE  2:  It  should  be  noted  that  the  right  to  make 
inspections  is  not  limited  to  the  employees  of  the 
department,  but  is  enjoyed  also  by  "such  other  per- 
sons as  may  be  authorized  by  the  health  officer/' 

*  Housing  Reform,  pp.  134-137. 

283 


A    MODEL   HOUSING    LAW  §  157 

This  will  permit  the  inspector  of  a  housing  reform 
association  to  make  inspections  upon  the  authoriza- 
tion of  the  health  officer.  This  is  important,  es- 
pecially in  those  communities  where  it  is  difficult 
to  secure  appropriations  from  the  city  treasury  and 
where  the  health  officer  is  unwilling  to  enter  upon  an 
active  and  comprehensive  scheme  of  inspection  work 
until  its  value  and  necessity  have  been  demonstrated 
to  him.  Under  this  plan  the  private  citizen  can  be 
given  practically  all  of  the  powers  of  a  city  employee, 
so  far  as  inspection  is  concerned. 

NOTE  3 :  The  second  sentence  of  this  section  places 
personal  responsibility  upon  every  agent,  lessee  and 
occupant,  so  that  any  person  interfering  with  the 
free  right  of  entry  of  persons  to  whom  it  is  granted 
would  be  liable  for  the  penalties  which  accrue  under 
this  act. 

NOTE  4:  The  last  sentence  in  this  section  is  made 
necessary  so  as  to  enable  the  owner  to  comply  with 
the  orders  of  the  health  department.  Otherwise  he 
might  claim,  and  justly,  that  the  tenant  has  posses- 
sion of  the  premises  and  that  he  (the  owner)  has  no 
right  to  go  upon  them  and  do  what  the  health  depart- 
ment has  ordered  to  be  done.  The  specific  granting 
to  the  owner  of  this  right  makes  impossible  any  such 
situation. 

§  157.  INJUNCTION;  UNDERTAKING.  No  preliminary 
injunction  shall  be  granted  against 1  the  health  department 
or  its  officers  except  by  the  circuit  court  or  a  justice 
thereof  after  service  of  at  least  THREE  days'  notice, 
together  with  copies  of  the  papers  upon  which  the  motion 
for  such  injunction  is  to  be  made.  Whenever  such  depart- 
ment shall  seek  any  provisional  remedy  or  shall  prosecute 
an  appeal  it  shall  not  be  necessary  before  obtaining  or 
prosecuting  the  same  to  give  a  bond.2 

NOTE  i:    In  view  of  the  important  powers  which 

11111  -1  •  f  i 

the  health  department  necessarily  exercises  for  the 
preservation  of  the  health  of  the  community,  it  is 
obviously  appropriate  that  a  private  individual, 
owner,  or  occupant  should  not  be  in  a  position  to 
restrain  the  health  department  and  prevent  its  carry- 
284 


§  158  REQUIREMENTS    AND    REMEDIES 

ing  out  necessary  work  by  any  ex  parte  statement  of 
facts  to  the  court  without  the  health  department 
being  represented.  This  provision  makes  that  situa- 
tion impossible  and  insures  the  health  department's 
receiving  notice  of  any  application  for  an  injunction 
in  which  it  is  sought  to  restrain  the  department  from 
interfering  with  a  building.  This  situation  is  likely 
to  arise  chiefly  in  connection  with  cases  where  the 
health  department  is  seeking  to  stop  the  work  on 
a  new  building  because  of  violation  of  the  law  or 
to  prevent  the  occupancy  of  a  building  for  similar 
reasons  or  to  require  the  vacation  of  a  building  where 
it  is  unfit  for  habitation. 

NOTE  2:  It  is  obvious  that  the  instances  where  the 
health  department  brings  actions  and  takes  appeals 
from  decisions  are  not  in  the  same  category  as  private 
litigation,  and  there  is  no  reason  why  a  responsible 
agent  of  the  city  government  should  be  required  to 
give  a  bond  under  such  circumstances. 

§  158.  LAWS  REPEALED.1  All  statutes  of  the  state 
and  all  local  ordinances  or  parts  thereof  so  far  as  incon- 
sistent with  the  provisions  of  this  act  are  hereby  repealed. 
Wherever  this  act  requires  a  greater  width  or  size  of  yards 
or  courts,  or  requires  a  lower  height  of  building,  or  requires 
a  greater  percentage  of  lot  to  be  left  unoccupied,  or  imposes 
other  higher  standards  than  is  required  in  any  other 
statute  or  any  local  ordinance  or  regulation,2  the  provi- 
sions of  this  act  shall  govern.  Wherever  the  provisions  of 
any  other  statute  or  local  ordinance  or  regulation  require 
a  greater  width  or  size  of  yards  or  courts,  or  require  a 
lower  height  of  building,  or  require  a  greater  percentage 
of  lot  to  be  left  unoccupied,  or  impose  other  higher  stand- 
ards than  is  required  in  this  act,  the  provisions  of  such 
statute  or  local  ordinance  or  regulation  shall  govern. 

NOTE  i:    Wherever  there  is  in  existence  a  law  or  Explana- 
local  ordinance  and  it  is  desired  to  definitely  repeal  it, 
it  should  be  specifically  repealed  in  this  section  by 
inserting  at   the  end   thereof:    "The  provisions  of 
chapter  of  the  laws  of  are  hereby 

repealed/'  as  the  courts  have  in  recent  years  shown  a 
285 


A    MODEL    HOUSING    LAW  §   159 

disinclination  to  sustain  what  is  known  as  the  "gene- 
ral repealer."  Where,  however,  there  is  no  specific 
ordinance  dealing  with  the  subject  matter  of  this 
housing  act,  or  any  similar  state  law,  but  where  there 
are  provisions  scattered  through  building  codes, 
sanitary  codes,  and  plumbing  codes,  applicable  not 
only  to  dwellings  but  to  all  kinds  of  buildings,  as  is 
the  usual  case,  there  is  no  way  other  than  that  em- 
bodied in  this  section  of  repealing  such  provisions. 

NOTE  2 :  By  this  provision  the  community  is  always 
assured  of  the  maintenance  of  the  higher  standards. 
Without  it,  there  is  great  danger  of  the  repeal  of 
important  provisions  through  the  enactment  of  a  local 
Building  Code  containing  much  lower  standards. 
Without  a  provision  of  this  kind,  the  later  enactment 
would  probably  govern.  The  increasing  number  of 
Zoning  Laws  adds  emphasis  to  the  importance  of  this 
point;  for,  they-  as  a  rule,  concern  themselves  with 
many  of  the  same  questions  that  are  found  in  a  Housing 
Law — viz.,  restriction  of  height,  sizes  of  courts,  yards, 
percentage  of  lot  that  may  be  occupied,  and  so  forth. 

NOTE  3 :  This  is  not  an  attempt,  as  might  appear, 
to  prevent  a  future  legislature  from  enacting  laws  in 
conflict  with  or  directly  repealing  the  provisions  of 
this  act.  No  such  plan  could  of  course  succeed,  as 
it  would  be  unconstitutional.  One  legislature  cannot 
bind  a  future  legislature.  All  that  is  attempted  here 
is  to  indicate  the  intent  of  the  legislature  and  to  pro- 
vide for  a  situation  which  may  easily  arise  wherein 
the  provisions  of  some  future  local  charter  affecting 
the  city  in  question,  or  similarly,  of  some  local  ordi- 
nance or  regulation,  may  be  in  conflict  with  the  pro- 
visions of  this  law.  The  effect  of  this  section,  there- 
fore, would  be  to  show  that  the  legislature  intended 
that  this  law  should  govern.  If  this  were  not  the 
intention  of  the  legislature,  so  long  as  this  provision 
of  law  is  contained  in  this  code,  it  would  be  necessary 
for  the  legislature  to  specifically  repeal  or  modify  it. 
In  other  words,  this  section  would  make  impossible 
the  repeal  by  implication  of  important  provisions  of 
this  code  because  they  might  be  in  conflict  with  some 
future  local  statute  or  ordinance, 

§  159.    VALIDITY.1     If  any  section  or  clause  or  part  of 
this  act  shall  be  found  invalid,  the  validity  of  the  remainder 

286 


§  l6o  REQUIREMENTS    AND    REMEDIES 

shall  in  no  way  be  affected  thereby.  The  act  shall  be 
liberally  construed  to  promote  its  general  objects  for  the 
health,  safety  and  welfare  of  the  community.2 

NOTE  i:      In  many  states  such  a  provision  is  un-  Explana- 
necessary;  for,  it  has  been  for  years  the  practice  of  the  tion 
higher  courts  to  so  hold.     In  some  states,  however, 
this  is  not  the  case.     It  can  do  no  harm  in  any  state  to 
include  this  provision.     It  will  be  "playing  safe"  to 
do  so. 

NOTE  2:  Caution  should  be  given  to  be  on  one's 
guard  against  merely  stating  that  "the  act  shall  be 
construed  liberally. "  For  such  a  provision  is  frequently 
seized  upon  by  architects,  builders,  owners  and  lax 
public  officials  to  justify  them  in  interpreting  and  en- 
forcing the  law  "liberally"  to  the  interests  affected  by 
it.  The  direct  reverse  of  this  is  what  is  sought,  viz., 
that  the  law  shall  be  not  construed  narrowly,  but 
so  as  to  benefit  the  "health,  safety  and  welfare  of 
the  community." 

§  1 60.  WHEN  TO  TAKE  EFFECT.    This  act  shall  take 
effect  immediately.1 

NOTE  i :  The  desirable  thing  is  to  have  the  act  take  Explana- 
effect  immediately,  but  this  cannot  always  be  done  tion 
as  there  will  be  numerous  building  operations  in 
contemplation,  for  many  of  which  contracts  may  have 
been  made  but  for  which  plans  had  not  up  to  the  time 
of  the  passage  of  the  act  been  filed  and  approved  by 
the  local  authorities.  One  is  here  on  the  horns  of  a 
dilemma.  If  the  act  does  not  take  effect  promptly, 
builders  and  contractors  who  wish  to  secure  the 
benefits-  of  building  under  the  more  liberal  provisions 
of  existing  law,  will  file  plans  in  large  quantities  for 
most  of  the  lots  in  the  city,  in  order  to  anticipate  the 
new  law,  and  people  will  thus  be  permitted  to  build 
dwellings  under  the  provisions  of  the  old  one  for  many 
years  to  come.  If  the  law  has  had  wide  publicity 
before  its  enactment,  there  will  be  no  real  hardship 
in  making  the  act  take  effect  immediately,  as  archi- 
tects, owners  and  builders  will  have  had  ample  notice 
of  it  in  connection  with  the  discussion  arising  during 
its  passage  through  the  legislature;  but  where  such 
287 


A    MODEL    HOUSING    LAW  §  1 60 

free  public  discussion  has  not  been  had,  it  will  hardly 
be  practicable  in  many  instances  to  make  the  act 
take  effect  immediately.  These  considerations  apply, 
of  course,  only  to  those  provisions  of  the  act  which 
deal  with  new  buildings  and  not  in  any  sense  to  any 
of  the  other  provisions  of  the  act.  Except  with  re- 
gard to  new  buildings,  the  act  should  take  effect 
immediately  in  every  case.  If  because  of  the  reasons 
stated  it  seems  wise  to  meet  the  views  of  owners, 
architects  and  builders,  and  permit  the  filing  of  a 
reasonable  number  of  plans  for  the  dwellings  con- 
templated under  the  provisions  of  the  old  law,  the 
following  concession  is  suggested.  At  the  end  of 
this  section  strike  out  the  period  and  insert  a  comma 
and  add  the  following: 

Concession  CONCESSION:  " except  that  Articles  II  and  III  thereof 
relative  to  'Dwellings  Hereafter  Erected/  and  to  'Altera- 
tions/ shall  take  effect  thirty  days2  after  its  signature  by 
the  governor.  Dwellings  may  be  hereafter  erected  or 
altered  under  the  laws  and  ordinances  in  force  and  effect 
on  the  day  this  act  was  passed  by  the  legislature,  pro- 
vided the  plans  for  such  dwellings  shall  have  been  filed 
in  the  office  of  the  inspector  of  buildings  and  shall  have 
been  approved  in  writing  by  him  within  thirty  days  after 
this  act  is  signed  by  the  governor;  such  plans  shall  be 
bona  fide  plans  suited  to  the  lots  for  which  they  are  filed, 
shall  show  the  interior  arrangement  and  grouping  of  the 
rooms  in  the  proposed  dwelling,  and  the  arrangement  of 
yards  and  courts.  The  right  to  build  under  the  said  laws 
and  ordinances  shall  cease  and  terminate  in  the  case  of 
any  dwelling  that  has  not  progressed  beyond  the  second 
tier  of  beams3  within  one  year  from  the  said  date." 

Explana-  NOTE  2:    Under  this  concession  thirty  days'  time 

tion  is  allowed  owners,   builders,   and  architects  to  file 

plans  under  the  old  law;    that  is,  thirty  days  after 

the  governor  has  signed  the  act.     In  many  states  the 

governor  is  allowed  a  thirty-day  period  in  which  to 

sign  bills;    in  some  only  ten.     In  the  former  case, 

owners  and  builders  may  thus  be  afforded  two  months' 

time  in  which  to  adjust  themselves  to  the  changed 

288 


§  l6o  REQUIREMENTS   AND    REMEDIES 

conditions.     In  any  event  they  will  be  afforded  nearly 
forty  days'  time,  which  should  prove  ample. 

NOTE  3:  In  order  that  the  life  of  the  plans  thus 
filed  may  not  be  indefinitely  .extended,  the  require- 
ment is  added  that  the  building  in  question  must 
have  progressed  beyond  the  second  tier  of  beams 
within  one  year  after  the  act  takes  effect.  This  will 
not  be  deemed  an  unreasonable  provision,  as  after 
the  plans  are  filed  all  bona  fide  operations  should 
easily  get  that  far  within  the  time  specified. 


19  289 


V 

WHAT  KINDS  OF  HOUSES  CAN  BE  BUILT  UNDER 
THE  MODEL  LAW? 


WHAT  KINDS  OF  HOUSES  CAN  BE  BUILT  UNDER  THE 

MODEL  LAW? 

THE  first  question  which  will  be  asked  in  every  community 
where  a  new  housing  law  is  proposed  is  "  What  effect  will 
this  law  have  on  building  operations? "  Is  it  possible  to 
build  under  the  more  rigorous  requirements  of  such  an  act  houses 
which  will  be  commercially  profitable  and  yet  at  the  same  time 
be  the  kind  of  house  that  the  public  demands? 

The  first  impression  which  interests  adversely  affected  will 
seek  to  convey  is  that  the  law  is  impracticable  and  that  it  will  stop 
building  operations  in  that  city,  that  the  cost  of  building  will  be 
greatly  increased  thereby,  and  that  people  will  not  be  able  to 
afford  the  kind  of  house  which  the  law  calls  for. 

Great  emphasis  will  undoubtedly  be  laid  upon  the  fact  that 
the  requirements  of  the  law  are  so  much  more  stringent  as  to  the 
open  spaces  that  have  to  be  left  and  the  restrictions  placed  upon 
the  percentage  of  lot  that  may  be  occupied,  the  larger  yards  re- 
quired and  the  more  ample  courts,  that  it  will  not  be  possible  to 
construct  under  such  a  law  buildings  which  will  be  commercially 
profitable. 

It  is  vitally  important,  therefore,  that  the  housing  reformer 
should  know  at  once  whether  these  claims  are  sound  or  not.  He 
must  be  in  a  position  to  show  to  the  community  that  they  have  no 
basis  in  fact  and  that  it  will  be  possible  to  build  under  the  require- 
ments of  the  new  law  houses  of  all  kinds  which  will  be  commercially 
profitable  and  at  the  same  time  will  hot  involve  any  material  in- 
crease in  rents  or  in  cost  of  construction. 

Is  it  possible  to  show  this,  and  how  best  can  this  be  demon- 
strated? 

The  most  practicable  way  to  demonstrate  it  is  to  draw  plans 
showing  the  various  kinds  of  buildings  that  can  be  built  on  different 

293 


A    MODEL    HOUSING    LAW 

sized  lots.  It  should  be  borne  in  mind  that  this  should  be  dem- 
onstrated with  regard  to  two  main  groups  of  houses,  (i)  the  de- 
tached house  and  (2)  houses  built  in  continuous  rows  or  groups. 

The  conditions  which  relate  to  the  two  classes  are  naturally 
very  different  and  the  types  of  plans  that  can  be  evolved  will  differ 
similarly. 

Under  each  one  of  these  classes  it  is  necessary  to  consider 
also  what  is  possible  in  the  way  of  development  in  each  kind  of 
building;  namely,  the  private  dwelling,  the  two-family  house,  and 
the  multiple  dwelling;  that  is,  the  tenement  house,  the  flat  and  the 
apartment  house.  It  is  also  necessary  to  know  what  developments 
are  possible  in  all  these  classes  of  buildings,  of  both  groups,  on  lots 
of  different  width;  namely,  on  lots  40  feet  wide,  and  on  lots  50 
feet  wide,  as  well  as  on  lots  25  feet  or  less  in  width.  We  should 
also  know  what  is  possible  on  lots  of  varying  depth.  What  may 
be  possible  on  a  lot  150  feet  deep  may  not  be  practicable  on  a  lot 
but  60  feet  in  depth,  so  one  should  be  in  a  position  to  show  what  can 
be  done  on  property  60  feet,  100  feet  and  even  150  and  200  feet 
deep. 

The  author  has  attempted  to  meet  all  these  questions  and  to 
show  in  the  form  of  outline  plans  illustrating  the  style  of  house  and 
its  "disposition"  on  the  lot,  the  various  things  that  can  be  done 
in  all  of  these  various  circumstances.  It  should  be  clearly  borne 
in  mind  that  the  plans  thus  outlined  in  no  sense  represent  the  only 
disposition  that  can  be  had,  but  merely  one  method  of  treatment. 
There  are  many  other  alternatives. 

No  attempt  has  been  made  to  show  the  interior  arrangement 
of  the  rooms  in  the  house.  With  a  building  of  a  certain  width  and 
length  it  is  easy  for  any  architect,  or  in  fact  for  those  who  are  not 
architects,  to  adapt  the  customary  plan  in  each  community  to 
such  an  outline. 

Take,  for  example,  Figure  48  showing  a  detached  house  on 
a  lot  40  feet  wide  and  100  feet  deep.  Under  the  requirements 
of  this  law  this  house  can  be  built  in  the  centre  of  the  plot  and  can 
be  30  feet  wide  by  80  feet  deep,  with  a  side  yard  5  feet  wide  on 
each  side  of  it.  It  is  obvious  at  a  glance  that  it  is  possible  for  the 
architect  to  get  in  a  building  of  such  size  any  disposition  or  ar- 
rangement of  the  interior  that  may  be  desired  either  for  a  million- 

294 


HOUSES    BUILT   UNDER   MODEL    LAW 

aire's  mansion,  a  two-family  house,  the  humble  cottage  of  the 
workingman,  a  cheap  tenement  with  several  families  on  a  floor, 
or  a  high-grade  apartment  house. 

As  an  aid  to  a  quick  understanding  of  the  various  provisions 
which  control  the  type  of  house  that  may  be  built,  the  following 
summary  table  showing  the  different  points  that  must  be  observed 
is  submitted,  as  this  matter  must  be  considered  in  connection  with 
the  provisions  with  reference  to  percentage  of  lot  occupied,  size 
of  rear  yards,  size  of  side  yards,  size  of  courts,  and  distance  be- 
tween buildings  where  there  is  more  than  one  building  on  a  lot. 
All  of  these  requirements  except  those  relating  to  percentage  of 
lot  vary  with  the  height  of  the  building,  and  two  of  them,  namely, 
the  sizes  of  rear  yards  and  the  percentage  of  lot  requirements, 
vary  also  according  to  the  depth  of  the  lot. 


SIDE  YARDS  AND  COURTS 


SIDE  YARD  WIDTHS 

COURTS 

Private 

2  Family  & 

HEIGHT  OF  BUILDING 

Dwelling 

Multiple  Dws. 

Inner 

Outer 

Width 

Mini- 

Maxi- 

mum 

mum 

On  Own 

Bet. 

On  Own 

Bet. 

Length 

Length 

Lot 

Bldgs. 

Lot 

Bldgs. 

i  story  (10  ft.)     . 
\l/2  story  (20  ft.) 

3ft. 

4ft. 

6ft. 
8ft. 

4ft. 
5ft. 

8  ft. 
10  ft. 

3K  ft. 
6#  ft. 

6%  ft. 

13*5    ft. 

13^  ft. 
26^  ft. 

2  story  (20  ft.)     . 
2K  story  (30  ft.) 

4ft. 
5  ft. 

8ft. 
10  ft. 

5ft. 
6ft. 

10  ft. 
12  ft. 

62/3  ft. 
10  ft. 

I3K  ft. 

20  ft. 

26^  ft. 
40  ft. 

3  story  (30  ft.)     . 

5  ft. 

10  ft. 

6ft. 

12  ft. 

10  ft. 

20  ft. 

40  ft. 

4  story  (40  ft.) 
5  story  (50  ft.)     . 
6  story  (60  ft.)  etc. 

6ft. 
7ft. 
8  ft. 

12  ft. 

14  ft. 
i6ft. 

7ft. 
8ft. 
9ft. 

14  ft. 

i6ft. 
1  8  ft. 

I3K  ft. 
i6#  ft. 

20  ft. 

26%   ft. 

33  1A  ft. 
40  ft. 

53  X  ft. 
66^  ft. 
Soft. 

REAR  YARDS  (MEASURED  TO  MIDDLE  OF  ALLEY) 


DEPTH  OF  LOTS  (INTERIOR  LOTS) 


40  ft. 

50  ft. 

60  ft. 

TOO  ft. 

125  ft. 

150  ft. 

200  ft. 

250  ft. 

i  story  10%    . 

10  ft.  min. 

10  ft.  min. 

10  ft.  min. 

10  ft. 

I2>^  ft. 

I5ft. 

20  ft. 

2Sft. 

2  story  15%    . 

10  ft.  min. 

10  ft.  min. 

10  ft.  min. 

15  ft. 

lS^4  ft. 

22Mft. 

30  ft. 

37  M  ft. 

3  story  20% 

10  ft.  min. 

10  ft. 

12  ft. 

20  ft. 

25  ft. 

30  ft. 

40  ft. 

Soft. 

4  story  25%    . 

10  ft. 

I2M  ft. 

I5ft. 

2Sft. 

37Mft. 

50  ft. 

62K  ft. 

5  story  30%     . 

12  ft. 

is  ft. 

1  8  ft. 

30  ft. 

37M  ft. 

45  ft. 

60  ft. 

75ft. 

6  story  35%  etc.     . 

14  ft. 

i?K  ft. 

21   ft. 

35ft. 

43^ft. 

52Xft. 

70  ft. 

87*  ft. 

295 


A    MODEL    HOUSING    LAW 

PERCENTAGE  OF  LOT — INTERIOR  LOTS 

DEPTH  OF  LOT  PERCENTAGE  OF  LOT 

Up  to  60  ft 70% 

60-105  ft. 

105-155  ft 

1 55-205  ft 

Over  205  ft. 

Let  us  consider  first  the  detached  type  of  house.  In  many 
cities  the  general  custom  is  to  place  such  a  building  in  the  centre 
of  the  plot  and  leave  a  side  yard  on  each  side  of  it.  The  builder 
of  the  neighboring  house,  as  a  rule,  adopts  a  similar  practice  so 
that  each  person  has  the  advantage  of  the  spaces  thus  joined  to- 
gether, making  the  distance  between  the  houses  twice  as  much 
as  it  would  ordinarily  otherwise  be.  Figures  47-53  (pages  307- 
313)  show  the  various  methods  of  treatment  possible  in  the 
case  of  private  dwellings  not  exceeding  two  stories  and  attic  in 
height.  For  such  buildings  under  the  provisions  of  this  law  a  side 
yard  not  less  than  5  feet  in  width  would  have  to  be  left  on  either 
side  of  the  building.  With  a  lot  40  feet  wide  and  a  side  yard  5  feet 
wide  on  each  side  of  it,  it  is  possible  to  build  the  house  30  feet  in 
width.  This  gives  an  ample  house  for  all  kinds  of  buildings.  It 
is  sufficiently  wide  for  the  mansion  of  the  well-to-do  citizen,  it  is 
'  sufficiently  wide  for  a  two-family  dwelling,  one  family  upstairs  and 
one  down,  and  it  is  sufficiently  wide  for  a  high-class  apartment 
house  or  a  cheap  tenement,  though  of  course  a  larger  lot,  espe- 
cially one  50  feet  in  width,  will  afford  a  much  better  treatment  and 
prove  more  satisfactory.  In  laying  out  property  divisions  in  new 
portions  of  a  city  it  would  be  far  better  to  make  the  lot  units  50  feet 
in  width,  especially  in  high-class  residence  districts,  but  lots  40  feet 
in  width  will  give  very  satisfactory  results. 

No  attempt  has  been  made  to  show  the  treatment  possible 
on  lots  50  feet  in  width,  as  it  is  at  once  obvious  that  all  the  things 
that  are  possible  on  the  4O-foot  lot  are  possible  in  this  case  as  well, 
only  the  owner  has  10  extra  feet  in  width  to  dispose  of  which  he 
can  use  either  in  making  his  building  40  feet  wide  instead  of  30 
feet,  or  can  enlarge  his  side  yards,  as  he  pleases.  So  far  as  the 
law  is  concerned,  the  conditions  which  govern  would  make  no 
change  in  the  disposition  of  a  lot  of  this  greater  width.  The  plans, 

296 


HOUSES    BUILT   UNDER   MODEL    LAW 

therefore,  which  are  submitted  for  the  4o-foot  lot  should  be  deemed 
to  apply  equally  to  the  5O-foot  lot. 

Seven  different  treatments  are  offered  for  consideration.  .  It 
is  shown  first  (Figure  47)  what  is  possible  on  a  lot  of  very  narrow 
depth,  say  even  not  more  than  60  feet  in  depth.  There  are  such 
lots  in  many  cities,  "tail-enders"  as  they  are  called.  Even  with 
this  small  plot  it  is  possible  to  build  an  excellent  type  of  house; 
namely,  a  house  30  feet  by  48  feet,  built  up  to  the  line  in  front, 
with  a  side  yard  on  either  side  and  with  a  rear  yard  12  feet  in  depth, 
the  minimum  required  by  the  law.  A  building  30  feet  by  48  feet 
will  give  a  very  attractive  house  in  the  case  of  both  a  private  dwell- 
ing and  a  two-family  house  and  it  will  be  even  possible  to  build  a 
satisfactory  tenement  house  on  this  plot. 

When  we  take  the  ordinary  type  of  lot  which  prevails  in  most 
cities,  the  lot  100  feet  in  depth,  it  is  at  once  seen  how  easy  it  is  to 
develop  such  property  advantageously.  Here  two  alternatives 
are  presented.  In  the  first  case  (Figure  48)  but  one  building  is 
shown  on  the  plot.  Under  this  disposition  it  would  be  possible 
to  build  a  house  30  feet  wide  and  80  feet  deep  with  a  back  yard  20 
feet  in  depth,  the  minimum  required  by  law,  and  with  a  side  yard 
on  each  side  of  the  house  5  feet  in  width.  Few  people  would  wish 
to  build  a  private  dwelling  80  feet  deep.  There  would  also  be 
few  cases  where  it  would  be  desired  to  build  even  a  two-family 
dwelling  that  depth,  though  it  might  be  advantageous  in  building 
an  apartment  house  or  tenement  house  to  utilize  this  larger  space. 
The  disposition  which  would  be  had  most  generally  would  be  that 
shown  in  Figure  49,  where  a  garage  is  placed  on  the  rear  of  the 
lot.  Here,  as  will  be  seen,  it  is  possible  to  have  the  house  30  feet 
by  55  feet,  to  have  a  rear  yard  20  feet  in  depth  or  have  the  house 
65  feet  and  a  lo-foot  yard  between  it  and  the  garage,  the  minimum 
required  by  the  law,  and  then  at  the  rear  a  garage  25  feet  by  30 
feet,  leaving  a  space  of  10  feet  on  one  side  of  the  garage,  at  the 
rear,  for  a  driveway  if  that  is  desired. 

An  alternative  to  this  plan  not  shown  in  any  of  the  diagrams 
would  be  in  cases  where  no  garage  is  desired  and  where  a  front  yard 
is  desired,  to  set  back  the  house,  leaving  a  front  yard  25  feet  in 
depth  and  the  full  width  of  the  plot.  Under  this  arrangement  we 
should  have  a  house  as  in  Figure  49,  30  by  55  feet,  a  front  yard  25 

297 


A    MODEL    HOUSING    LAW 

by  40  feet,  a  rear  yard  20  by  40  feet  and  two  side  yards  each  5  feet 
in  width  and  extending  along  the  entire  depth  of  the  house.  This 
would  give  a  very  desirable  house  both  in  the  case  of  a  private 
dwelling  and  a  two-family  dwelling. 

When  we  come  to  lots  of  greater  depth,  namely,  the  lot  150 
feet  deep,  it  is  at  once  obvious  that  even  more  advantageous  treat- 
ment from  the  point  of  view  of  the  use  of  the  property  is  afforded. 
Figure  50  shows  that  with  such  a  lot  it  is  possible  to  build  a  house 
30  feet  by  85  feet  in  depth,  to  have  a  garage  at  the  rear  25  feet  by 
30  feet  in  size  and  to  have  a  4o-foot  yard  between  them.  Or  in- 
stead of  this,  the  depth  of  the  house  can  be  cut  down  if  it  is  desired 
to  have  a  front  yard  and  the  building  set  back  from  the  street  25 
feet  or  whatever  amount  is  desired  (as  shown  in  Figure  51)  and 
the  house  reduced  to  60  feet  in  depth,  which  would  be  a  deeper 
house  than  would  naturally  be  desired  either  for  a  private  dwelling 
or  two-family  house. 

Similarly  with  regard  to  lots  200  feet  deep.  Figure  52 
shows  that  with  such  a  lot  we  could  build  our  house  30  feet  by  108 
feet,  have  a  garage  at  the  rear,  and  leave  a  6y-foot  yard  between 
the  two,  a  yard  27  feet  more  than  the  law  would  require.  Or  in- 
stead of  this,  a  front  yard  could  be  left  in  front,  say  30  feet  in 
depth,  the  house  be  made  30  feet  by  95  feet,  the  garage  25  feet 
by  30  feet,  with  a  yard  50  feet  deep  between  the  house  and  garage 
(Figure  53). 

It  is  evident  from  a  study  of  these  plans  that  there  is  not  the 
slightest  difficulty  from  any  point  of  view,  under  the  provisions  of 
the  Model  Law,  in  developing  a  plot  40  feet  in  width  with  a  de- 
tached house  which  will  be  commercially  profitable  and  at  the 
same  time  in  accordance  with  the  desires  of  the  people  who  are  to 
live  in  it  and  with  the  habits  of  the  community. 

This  is  true  so  far  as  the  two-story  and  attic  building  is  con- 
cerned and  applies  to  all  classes  of  buildings,  the  private  dwelling, 
the  two-family  dwelling,  and  to  the  multiple  dwelling;  namely, 
the  tenement  house,  the  flat  and  the  apartment  house. 

But,  it  may  be  asked,  although  this  can  be  done  with  a 
building  two  stories  and  attic  in  height,  is  it  feasible  with  the  three- 
story  and  attic  building,  the  type  which  is  more  common  in  many 
of  our  cities?  The  answer  is  unquestionably,  Yes.  The  following 

298 


HOUSES    BUILT   UNDER   MODEL    LAW 

seven  diagrams  (Figures  54-60)  show  that  even  in  this  case  it  is 
easily  practicable  to  build  every  class  of  house  desired  on  a  lot  unit 
of  40  feet  in  width,  on  lots  of  varying  depth,  namely,  60  feet,  100 
feet,  1 50  feet,  and  200  feet,  and  have  the  buildings  three  stories 
and  attic  in  height.  The  types  of  houses  that  can  be  built  are 
practically  identical  with  the  houses  that  are  possible  in  the  plans 
which  have  been  presented  in  the  case  of  the  two-story  and 
attic  house  (Figures  47-53).  The  only  difference  is  that  in  this 
case  the  side  yards  must  be  6  feet  wide  instead  of  5  feet  wide. 
This  means  that  the  house  can  be  but  28  feet  in  width  instead  of 
30  feet.  This  is  not  at  all  too  narrow  to  give  satisfactory  results 
even  in  the  case  of  a  private  dwelling  or  two-family  house  or  even 
a  multiple  dwelling. 

Taking  up  these  plans  in  detail  and  commenting  briefly  on 
them  we  find  the  following  possibilities  for  the  three-story  and 
attic  house  on  the  4O-foot  lot. 

On  a  6o-foot  lot  we  may  have  a  house  28  feet  by  45  feet  with 
a  back  yard  15  feet  deep  (Figure  54);  on  a  lot  100  feet  deep  we 
may  have  a  house  28  feet  by  75  feet  with  a  back  yard  25  feet  in 
depth,  the  minimum  (Figure  55);  or  if  we  do  not  desire  a  house 
as  deep  as  this,  as  this  is  deeper  than  would  be  generally  desired 
in  the  case  of  private  dwellings  and  two-family  houses  at  all  events, 
it  would  be  possible  to  have  a  garage  at  the  rear  of  the  lot  25  feet 
by  30  feet  and  to  have  our  house  28  feet  by  50  feet,  with  a  25-foot 
yard  between  them,  the  minimum  depth  (Figure  56);  or  if  no 
garage  is  desired  and  it  is  wished  to  set  back  the  house  from  the 
building  line  and  have  a  front  yard,  it  would  be  possible  to  have  a 
front  yard  25  feet  by  40  feet,  a  house  28  feet  by  50  feet,  and  a  back 
yard  of  25  feet.  (Under  the  provisions  of  Section  30  only  10 
feet  would  have  to  be  left  between  the  house  and  the  garage).  On 
lots  1 50  feet  deep  it  is  possible  to  have  a  house  28  feet  by  85  feet, 
with  a  garage  25  feet  by  30  feet  at  the  rear  and  a  4o-foot  yard 
between  the  two,  slightly  more  than  the  minimum  (Figure  57). 
(Under  the  provisions  of  Section  30  only  10  feet  would  have  to 
be  left  between  the  house  and  the  garage).  Or  if  a  house  of  this 
great  depth  is  not  desired,  it  is  possible  to  set  back  the  house  from 
the  building  line  25  feet,  have  a  front  yard  of  that  depth,  a  build- 
ing 28  feet  by  60  feet,  a  garage  at  the  rear  25  feet  by  30  feet,  and 

299 


A    MODEL    HOUSING    LAW 

a  4o-foot  yard  between  the  two  buildings  (Figure  58).  (Under  the 
provisions  of  Section  30  only  10  feet  would  have  to  be  left 
between  the  house  and  the  garage).  With  a  lot  200  feet  in  depth 
we  may  obtain  a  house  28  feet  by  1 16  feet,  a  garage  at  the  rear 
25  feet  by  30  feet,  with  a  59-foot  yard  between  the  two,  9  feet  more 
than  the  minimum  (Figure  59).  (Under  the  provisions  of  Section 
30  only  10  feet  would  have  to  be  left  between  the  house  and 
the  garage).  There  is  probably  no  instance  where  anyone  would 
desire  a  house  of  this  excessive  depth,  not  even  in  the  case  of 
apartment  houses  or  tenement  houses,  and  the  more  usual  treat- 
ment would  be  to  have  a  large  front  yard  instead  of  extending  the 
building  back  so  far  upon  the  lot.  Under  such  a  treatment  we 
could  have  a  front  yard  30  feet  by  40  feet,  a  house  28  feet  by  95  feet, 
a  garage  at  the  rear  25  feet  by  30  feet,  and  a  rear  yard  between  the 
two  of  50  feet,  the  minimum  (Figure  60).  (Under  the  provisions 
of  Section  30  only  10  feet  would  have  to  be  left  between  the  house 
and  the  garage). 

It  is  obvious  from  a  consideration  of  these  plans  that  in  the 
case  of  the  three-story  and  attic  detached  house  on  a  4O-foot  lot, 
no  matter  what  the  depth  of  the  lot  may  be,  there  is  not  the 
slightest  difficulty  in  building  a  house  that  will  be  a  commercial 
success  and  the  kind  of  house  that  the  people  want. 

If  these  results  affording  the  most  generous  use  of  space 
from  the  point  of  view  of  the  builder  and  owner  are  feasible  on  lots 
40  feet  in  width,  it  is  obvious  at  once  that  with  a  larger  lot  unit, 
that  is,  50  feet  or  more,  it  will  be  possible  to  obtain  even  more 
satisfactory  results.  No  attempt  has  been  made  to  show  what 
would  be  possible  with  houses  that  are  intended  to  be  four 
stories  in  height.  A  four-story  private  dwelling  is  seldom  built 
and  should  be  discouraged.  A  four-story  two-family  dwelling  is 
unknown.  When  it  comes  to  apartment  houses  and  tenement 
houses  the  four-story  house  will  appear  more  frequently.  The 
same  method  of  treatment  is  possible  with  the  four-story  house, 
except  that  the  side  yards  would  have  to  be  7  feet  wide  instead  of 
6  feet  and  the  yards  would  have  to  be  of  a  greater  depth,  depending 
upon  the  depth  of  the  lot  as  well  as  upon  the  height  of  the  building. 

What  has  been  said  shows  conclusively  that  the  law  will 
work  in  practice  on  lots  40  feet  or  more  in  width,  but  it  may  be 

300 


HOUSES    BUILT   UNDER   MODEL    LAW 

asked  "  What  is  to  be  done  with  the  small  lot — lots  but  30  or  25 
feet  wide?"  Is  it  possible  to  build  houses  on  such  lots  that  will 
be  commercially  successful  and  yet  will  comply  with  the  law?  ~ 

Here  the  answer  is  not  so  easy.  It  must  be  frankly  ad- 
mitted that  it  is  not  possible  on  a  25-foot  lot  to  place  a  detached 
house  in  the  centre  of  the  plot  and  leave  an  adequate  side  yard  on 
each  side  of  it.  In  the  case  of  a  two-story  building  each  side  yard 
would  have  to  be  4  feet  wide.  This  would  leave  but  17  feet  for  the 
house,  which  would  not  be  wide  enough,  except  in  the  case  of 
workingmen's  houses  of  a  particular  type. 

Similarly  with  three-story  buildings,  each  side  yard  would 
have  to  be  5  feet  wide,  leaving  but  1 5  feet  for  the  building.  One 
could  not  build  a  building  1 5  feet  wide  that  would  be  practicable, 
though  it  is  true  there  are  hundreds  of  thousands  of  buildings  in 
'the  city  of  Philadelphia  which  do  not  exceed  15  feet  in  width. 

We  must  however  at  once  dismiss  as  impracticable  the  idea 
of  building  houses  1 5  and  1 7  feet  wide.  The  people  of  most  cities 
would  so  consider  it. 

Does  this  mean,  therefore,  that  it  will  not  be  possible  to 
build  on  such  a  plot  a  house  that  will  be  commercially  profitable 
and  at  the  same  time  meet  the  desires  of  the  people? 

There  is  no  doubt  that  a  house  of  this  kind  can  be  built, 
but  it  will  involve  some  changes  in  the  habits  of  the  people  in  .a 
number  of  cities.  In  many  cities  it  is  the  habit  to  build  the  houses 
in  the  middle  of  the  lot,  devoting  the  space  that  is  left  on  either 
side  to  use  as  a  side  yard.  In  some  cities  this  is  not  the  custom 
but  instead  the  custom  is  to  build  one  side  of  the  house  up  to  the 
lot  line  and  to  leave  the  space  that  is  left  for  side  yards  entirely  on 
the  other  side.  Where  this  is  done  and  houses  are  built  on  this 
plan  under  a  tacit  agreement  by  the  adjacent  property  owners, 
often  very  excellent  results  are  obtained. 

This  is  the  only  type  of  detached  dwelling  that  is  possible  on 
a  lot  25  feet  wide;  namely,  a  single  side  yard  on  one  side  of  the 
building  and  the  house  built  up  to  the  lot  line  on  the  other  side. 
This  would  give  on  a  25-foot  lot,  in  the  case  of  two-story  houses, 
a  house  21  feet  wide,  and  in  the  case  of  three-story  and  attic  build- 
ings a  house  20  feet  wide  with  a  side  yard  4  feet  wide  in  the  first 
case  and  a  side  yard  5  feet  wide  in  the  second.  Figures  61-67 

301 


A    MODEL   HOUSING    LAW 

show  the  kinds  of  houses  that  would  be  possible  in  the  case  of 
a  three-story  and  attic  building  on  lots  of  various  depths;  namely, 
60,  100,  150,  and  200  feet  deep.  In  each  case  a  side  yard  6  feet 
wide  is  left  on  one  side  of  the  building  and  the  other  side  of  the 
plot  is  built  up  to  the  lot  line,  giving  in  every  instance  houses  19 
feet  in  width.  This  will  make  a  very  good  house.  There  will  be 
no  practical  difficulties  so  far  as  the  law  is  concerned  in  securing 
adequate  light  and  ventilation  for  the  various  rooms.  In  most 
cases  the  majority  of  the  rooms  will  front  on  the  street  and  yard. 
The  other  rooms  will  face  on  the  side  yard  and  the  "dead  end"  of 
the  house  will  be  used  for  the  hallway.  It  does  not  mean  neces- 
sarily that  this  hallway  will  be  dark,  as  it  will  be  possible  to  open 
supplementary  windows  in  the  dead  wall  where  the  owner  of  the 
adjoining  property  leaves  a  side  yard  on  that  side  following  a 
general  plan,  though  it  would  not  be  lawful  to  have  any  rooms  get' 
their  sole  light  and  ventilation  from  the  adjoining  property. 

Commenting  briefly  on  the  plans  we  note  the  following 
possibilities: 

On  a  lot  60  feet  deep  we  can  get  a  house  19  feet  by  45  feet 
with  a  15-foot  rear  yard  (Figure  61);  on  a  loo-foot  lot  we  would 
get  a  house  19  feet  by  75  feet  with  a  25-foot  yard  (Figure  62); 
or  a  garage  at  the  rear  20  feet  by  25  feet,  a  house  19  feet  by  52 
feet  and  a  28-foot  yard  between  them,  3  feet  more  than  the  mini- 
mum (Figure  63).  (Even  as  little  as  10  feet  could  be  left  between 
the  garage  and  the  building  under  Section  30).  In  the  case  of  lots 
150  feet  deep  it  would  be  possible  to  have  a  house  19  feet  by 
76  feet,  with  a  garage  at  the  rear  25  feet  by  25  feet,  and  a  rear 
yard  between  the  two  49  feet  in  depth,  12  feet  more  than  the 
minimum  (Figure  64).  (Even  as  little  as  10  feet  could  be  left  be- 
tween the  garage  and  the  building  under  Section  30).  Or  if  it  is 
desired  to  have  a  front  yard  on  such  a  lot  we  could  have  a  front 
yard  25  feet  by  25  feet,  a  house  19  feet  by  60  feet,  a  garage  at  the 
rear  25  feet  by  25  feet  and  a  4o-foot  yard  between  them  (Figure  65). 
(Even  as  little  as  10  feet  could  be  left  between  the  garage  and  the 
building  under  Section  30).  In  the  case  of  lots  200  feet  in  depth 
we  could  build  the  house  19  feet  by  98  feet,  have  a  garage  at  the 
rear  25  feet  by  25  feet  and  leave  a  yard  of  77  feet  between  the  two, 
27  feet  more  than  the  minimum  (Figure  66).  (Even  as  little  as 

302 


HOUSES    BUILT   UNDER   MODEL    LAW 

10  feet  could  be  left  between  the  garage  and  the  building  under 
Section  30).  Or  if  instead  it  was  desired  to  have  a  front  yard,  we 
could  have  a  front  yard  30  feet  by  25  feet,  a  house  19  feet  by  95 
feet,  a  garage  at  the  rear  25  feet  by  25  feet  and  a  5O-foot  yard 
between  the  two  (Figure  67).  (Even  as  little  as  10  feet  could  be 
left  between  the  garage  and  the  building  under  Section  30). 

When  it  comes  to  lots  less  than  25  feet  in  width  it  is  clearly 
impracticable  to  build  a  detached  house  on  such  a  lot,  and  the  only 
thing  to  do  there  is  to  build  houses  in  rows  or  groups;  that  is,  to 
build  them  right  up  to  the  line  on  either  side.  This  is  so,  irre- 
spective of  the  provisions  of  this  law.  It  would  be  most  unwise 
to  build  a  detached  house  on  such  a  lot,  as  it  would  be  impossible 
to  get  an  adequate  open  space  on  either  side  of  it  that  would  fur- 
nish sufficient  light  and  which  would  not  be  simply  a  narrow,  dark 
pocket,  unsightly  and  a  gathering  place  for  waste  material. 

In  many  cases  a  more  advantageous  treatment  even  on  the 
25-foot  lot  would  be  had  by  this  method  than  could  be  had  with 
the  detached  house.  In  other  words,  it  will  be  found  advantageous 
to  utilize  the  full  frontage  of  the  lot  and  to  build  the  front  at  least 
up  to  the  lot  line  on  either  side.  This  is,  of  course,  the  prevailing 
method  of  building  in  the  case  of  apartment  houses,  flats,  and 
tenements  in  those  portions  of  a  city  where  land  values  are 
high  and  where  street  frontage  is  valuable.  It  would  also  be  the 
most  advantageous  method  to  employ  in  the  case  of  two-family 
houses  and  even  private  dwellings  in  many  parts  of  large  cities. 
In  many  cities,  except  on  the  outskirts,  it  is  often  not  feasible  from 
the  commercial  point  of  view  to  build  workingmen's  houses  or 
houses  for  people  of  moderate  means  on  any  other  basis.  To 
utilize  all  of  the  lot  front  and  build  houses  in  groups  is  the  only 
feasible  way. 

What  kind  of  houses,  it  may  be  asked,  can  be  built  on  25- 
foot  lots  where  houses  are  built  in  this  way  without  any  side  yards? 
Figures  68-74  show  what  is  possible  under  these  circumstances. 

The  type  of  house  that  is  there  shown  is  suitable  for  all 
classes  of  dwellings,  for  the  private  house,  the  two-family  house  and 
the  apartment  house.  Here  especially  it  should  be  noted  that 
various  kinds  of  treatment  other  than  those  presented  are  possible. 
The  plans  simply  show  the  "dispositions"  which  have  suggested 

303 


A    MODEL   HOUSING    LAW 

themselves  to  the  author  as  feasible  and  as  giving  kinds  of  build- 
ings which  would  be  attractive  to  live  in  and  commercially  suc- 
cessful. 

Looking  at  these  plans  and  commenting  briefly  upon  them 
we  note  the  following: 

On  a  6o-foot  lot  it  would  be  possible  to  build  a  house  25  feet 
by  42  feet,  leaving  a  yard  of  1 8  feet  at  the  rear.  Such  a  house, 
however,  could  not  exceed  two  rooms  in  depth,  as  the  rooms 
would  have  to  open  either  on  the  street  or  on  the  yard.  It  would 
probably  not  be  advantageous,  therefore,  to  build  the  house  as  deep 
as  this,  but  to  build  it  not  more  than  40  feet  deep,  leaving  a  2O-f oot 
yard.  But  it  would  be  lawful  to  build  as  deep  as  42  feet  if  a  plan 
could  be  developed  that  the  owner  would  find  it  advantageous  to 
use  (Figure  68). 

On  a  loo-foot  lot  it  would  be  possible  to  build  a  house  25 
feet  wide  by  68  feet  deep  with  an  inner  lot  line  court  on  one  side 
10  feet  by  20  feet  and  a  back  yard  32  feet  in  depth  at  the  rear  of  the 
building,  7  feet  better  than  the  minimum.  This  would  give  a  very 
excellent  layout  in  the  case  of  either  a  two-family  house  or  a  mul- 
tiple dwelling,  as  each  section  of  the  building  between  the  street 
and  the  court,  and  between  the  yard  and  the  court,  would  be  about 
24  feet  in  depth,  thus  permitting  the  section  to  be  built  two  rooms 
deep.  Under  such  an  arrangement  it  would  be  very  easy  to  get 
six  or  seven  rooms  and  bath  on  each  floor  after  making  the  neces- 
sary allowance  for  hallways  and  similar  spaces  (Figure  69) ;  or  if 
a  different  treatment  were  desired  and  it  was  felt  essential  to  have 
a  garage  at  the  rear,  we  might  have  the  following:  a  house  25  feet 
by  52  feet  with  an  outer  court  on  one  side  10  feet  wide  by  30  feet 
long,  a  rear  yard  of  28  feet  the  full  width  of  the  lot,  and  a  garage 
at  the  rear  20  feet  by  25  feet  (Figure  70).  This  would  permit  an 
interior  arrangement  of  the  house  by  which  five  or  six  rooms  and 
bath  could  be  obtained  for  each  floor,  though  of  course  a  more 
advantageous  arrangement  would  be  secured  by  the  previous  lay- 
out. 

In  the  case  of  a  lot  150  feet  deep  it  would  be  possible  to  get 
a  house  25  feet  wide  by  78  feet  deep,  with  a  garage  at  the  rear  20 
feet  by  25  feet  and  a  yard  between  the  two  52  feet  in  depth,  22 
feet  more  than  the  minimum  (Figure  71).  (Even  as  little  as  10 

304 


HOUSES    BUILT   UNDER   MODEL    LAW 

feet  could  be  left  between  the  garage  and  the  building  under  Sec- 
tion 30).  This  treatment  would  involve  in  the  layout  an  inner 
court  on  each  side  10  feet  by  20  feet  with  a  hallway  between  the 
two  courts.  It  would  be  thus  possible  to  obtain  in  the  front  sec- 
tion of  the  building  four  rooms  each  12  feet  by  14  feet  in  size  and 
similar  treatment  in  the  rear  section,  making  8  rooms  per  floor. 
This  would  make  an  excellent  arrangement  either  in  the  case  of  a 
two-family  dwelling  or  an  apartment  house. 

If  instead  of  this  plan  it  were  desired  to  have  a  front  yard, 
it  would  be  possible  to  arrange  the  building  on  the  lot  so  as  to 
leave  a  front  yard  of  20  feet  in  depth,  have  the  building  70  feet  in 
depth,  a  garage  at  the  rear  20  feet  by  25  feet,  and  a  rear  yard  of 
40  feet  between  the  two,  10  feet  more  than  the  minimum  (Figure 
72).  (Even  as  little  as  10  feet  could  be  left  between  the  garage 
and  the  building  under  Section  30).  This  would  involve  the  use  of 
a  side  inner  court  10  feet  wide  by  20  feet  long.  Under  this  plan  it 
would  be  possible  to  get  eight  or  more  rooms  per  floor  with  the 
hall  running  along  the  dead  end  of  the  building. 

With  a  lot  200  feet  deep  a  building  25  feet  by  95  feet  could 
be  obtained,  with  a  garage  at  the  rear  25  feet  by  25  feet  and  a 
rear  yard  between  the  two  buildings  of  80  feet,  40  feet  more  than 
the  minimum  (Figure  73).  (Even  as  little  as  10  feet  could  be  left, 
between  the  garage  and  the  building  under  Section  30).  This 
would  involve  the  use  of  two  inner  side  courts,  each  10  feet  wide, 
and  25  feet  long,  with  the  hallway  of  the  building  located  between 
the  two  courts,  making  a  treatment  by  which  in  the  front  section 
of  the  building  it  would  be  possible  to  obtain  four  rooms  each 
12  feet  by  1 7  feet  in  size  and  a  similar  arrangement  at  the  rear,  thus 
making  eight  rooms  per  floor;  or  if  it  was  desired  to  utilize  a  front 
yard  and  set  the  building  back,  it  would  be  possible  to  have  a 
front  yard  of  30  feet  by  25  feet,  with  the  building  necessarily  the 
same  as  before;  namely,  25  feet  by  95  feet,  with  eight  rooms  per 
floor,  a  garage  at  the  rear  25  feet  by  25  feet,  and  a  rear  yard  of 
50  feet  between  them,  10  feet  more  than  the  minimum  (Figure  74) '. 
(Even  as  little  as  10  feet  could  be  left  between  the  garage  and  the 
building  under  Section  30). 

It  is  obvious  from  a  study  of  these  plans  that  even  on  lots 
of  this  narrow  width  of  25  feet  it  is  possible,  in -the  case  of  houses 
20  305 


A    MODEL    HOUSING    LAW 

built  in  continuous  rows,  both  private  houses,  two-family  houses, 
and  multiple  dwellings,  to  build  houses  that  would  be  unques- 
tionably profitable  from  a  commercial  point  of  view  and  would 
give  an  advantageous  arrangement  of  the  rooms  both  from  the 
point  of  view  of  light  and  ventilation  and  also  of  convenience  of 
arrangement,  as  well  as  from  the  points  of  view  of  comfort  and 
what  people  are  accustomed  to.  It  probably  will  mean,  however, 
that  the  stereotyped  kinds  of  buildings  which  are  in  existence  in 
many  cities  will  have  to  be  changed  somewhat  and  there  will  there- 
fore at  once  be  opposition.  The  builder  who  is  building  from  a 
plan  that  he  bought  from  an  architect  ten  years  ago  will  object 
to  going  to  an  architect  now  to  have  a  new  plan  made.  He  will 
be  wedded  to  the  kind  of  house  that  he  has  been  building  and  will 
object  to  any  change.  Similarly,  the  architect  may  be  slow  to  see 
the  opportunities  that  exist  and  may  not  have  sufficient  inventive 
faculty  to  lay  out  types  of  plans  that  will  produce  the  best  results, 
but  such  change  is  involved  in  any  law  which  makes  for  progress. 
If  the  present  types  of  houses  were  satisfactory  no  change  in  the 
law  would  be  necessary. 

When  it  comes  to  building  houses  in  continuous  rows  on  lots 
of  a  greater  width  than  25  feet  of  course  more  advantageous  treat- 
ment can  be  obtained. 

To  sum  up:  On  lots  40  feet  or  over  in  width  detached  houses 
on  any  depth  of  lot  can  be  built  under  this  law  which  will  be 
commercially  profitable,  private  dwellings,  two-family  dwellings, 
and  multiple  dwellings  of  all  kinds. 

On  lots  of  less  than  40  feet  in  width  the  detached  house  is 
not  so  advantageous,  though  it  is  still  possible  on  lots  as  narrow 
as  25  feet  in  width.  On  anything  less  than  this,  however,  the  de- 
tached house  is  impracticable,  and  houses  built  in  rows  or  groups 
are  the  only  thing  to  consider. 


FIGURE  47 
TWO-STORY  AND  ATTIC 


12  FT  YARD 


Detached  Houses  on  40  ft.  Lots 

Lot  60  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


307 


FIGURE  48 
TWO-STORY  AND  ATTIC 


Detached  Houses  on  40  ft.  Lots 

Lot  100  ft.  deep 

Occupies  66  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


308 


FIGURE  49 
TWO-STORY  AND  ATTIC 


Zo  FT  YARD 


u. 
o 
o 


40FT 


Detached  Houses  on  40  ft.  Lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  Figure  48  with  garage 


309 


FIGURE  50 
TWO-STORY  AND  ATTIC 


4OFTYARD 
(30FF  MIN.) 


f 


Detached  Houses  on  40  ft.  Lots 

Lot  150  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

310 


FIGURE  51 
TWO-STORY  AND  ATTIC 


FR.ONT  YARD 

.  X-4-OFT 


i 


K-      4o  FF    -H 


Detached  Houses  on  40  ft.  Lots 

Lot  1 50  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  50  with  front  set-back 
311  . 


FIGURE  52 
TWO-STORY  AND  ATTIC 


67pV  YARD 

(4orr 


HOUSE 
sorrxioerr 


Detached  Houses  on  40  ft.  Lots 

Lot  200  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

.        312 


FIGURE  53 
TWO-STORY  AND  ATTIC 


25FTX3OFT 


50  rr  YARD 

(40FTMIN.) 


;HOUSE 


TRONT  YARD 

Aon  x  30 rr 


h"       4orr    — H 

Detached  Houses  on  40  ft.  Lots 

Lot  200  ft.  deep 

Occupies  45  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  52  with  front  set-back 

313 


FIGURE  54 
THREE-STORY  AND  ATTIC 


)5  FT-  YARD 


FT 


Q, 
FT 


U_ 


FT 


Detached  Houses  oh  40  ft.  Lots 

Lot  60  ft.  deep 

Occupies  52^  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


314 


FIGURE  55 
THREE-STORY  AND  ATTIC 


rp  YARD 
CM  IN-) 


<c 
fT\ 


6 

n 


T 


IL. 

o 
o 


4OPf 


Detached  Houses  on  40  ft.  Lots 

Lot  100  ft.  deep 

Occupies  5234  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


315 


FIGURE  56 
THREE-STORY  AND  ATTIC 


Z5  FT  YARD 


s/s 


AOFF 


T 


t 

o 

0 


i 


Detached  Houses  on  40  ft.  Lots 

Lot  100  ft.  deep 

Occupies  54  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  Figure  55  with  garage 


3.6 


FIGURE  57 
THREE-STORY  AND  ATTIC 


40  Fj:  YARD 
IN-  MIN) 


6k 


T 


t 

o 


40  Ff 


i 


Detached  Houses  on  40  ft.  Lots 

Lot  150  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

317 


FIGURE  58 
THREE-STORY  AND  ATTIC 


40FTYARD 
(37FT-6IN-MIN) 


Q> 
FT- 


FRONT  YAR.D 
25  FT:  x  40  FT 


T 


U. 

O 

a 


i 


K-    4o  rr 


Detached  Houses  on  40  ft.  Lots 

Lot  150  ft.  deep 

Occupies  40  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  57  with  front  set-back 

3,8 


FIGURE  59 
THREE-STORY  AND  ATTIC 


W///M, 


.59  FT  YARD 
(50 FT 


T 


i 


Detached  Houses  on  40  ft.  Lots 

Lot  200  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  50  per  cent  ofjot 

319 


FIGURE  60 
THREE-STORY  AND  ATTIC 


w////// 


,50  FT  YARD 
(M'lN) 


HOUSED 
28FT*95FT 


FRONfYARD 
40  FT*  30  Ff 


T 


i 


40  FT 


Detached  Houses  on  40  ft.  Lots 

Lot  200  ft.  deep 

Occupies  42^  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  59  with  front  set-back 

320 


FIGURE  61 
THREE-STORY  AND  ATTIC 


l&FFYARD 
(MIN) 


HOUSE/ 
19*45" 


± 


Detached  Houses  on  25  ft.  Lots 

Lot  60  ft.  deep 

Occupies  57  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


21 


321 


FIGURE  62 
THREE-STORY  AND  ATTIC 


(MIN.) 


HOUSE' 


6 
fT 


I 


t 

8 


Detached  Houses  on  25  ft.  Lots 

Lot  100  ft.  deep 

Occupies  57  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


322 


FIGURE  63 
THREE-STORY  AND  ATTIC 


Y/S////7, 


6 
FT 


T 


«te 

8 


Detached  Houses  on  25  ft.  Lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  Figure  62  with  garage 


323 


FIGURE  64 
THREE-STORY  AND  ATTIC 


25FTX25fF 


49FTYARP 


Detached  Houses  on  25  ft.  Lots 

Lot  150  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

324 


FIGURE  65 
THREE-STORY  AND  ATTIC 


40  Fi;  YARD 
(37FT6W-MINJ 


HOUSED 
I9X60/ 


FRONTYARP 


1 


t 
o 


1 


-H 


Detached  Houses  on  25  ft.  Lots 

Lot  150  ft.  deep 

Occupies  47  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  64  with  front  set-back 

325 


FIGURE  66 
THREE-STORY  AND  ATTIC 


T 


7m  YARD 


HOUSE; 


Detached  Houses  on  25  ft.  Lots 

Lot  200  ft.  deep 

Occupies  49+  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

326 


FIGURE  67 
THREE-STORY  AND  ATTIC 


50FT-YARD 
(M  IN.) 


RONTYARD 
25FTX30FT 


K-  25  FT:— H 


Detached  Houses  on  25  ft.  Lots 

Lot  200  ft.  deep 

Occupies  48+  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  66  with   ront  set-back 

327 


FIGURE  68 
THREE-STORY 


I8FTYARD 


R- 


T 


± 


Continuous  Rows  or  Groups  on  25  ft.  Lots 

Lot  60  ft.  deep 

Occupies  70  per  cent  of  lot 

Legal  maximum  70  per  cent  of  lot 


328 


FIGURE  69 
THREE-STORY 


T 


IL. 

00 


32  FpfARD 
(20  Ff  MIN) 


I 


Continuous  Rows  or  Groups  on  25  ft.  Lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 


329 


FIGURE  70 
THREE-STORY 


i 


Continuous  Rows  or  Groups  on  25  ft.  lots 

Lot  100  ft.  deep 

Occupies  60  per  cent  of  lot 

Legal  maximum  60  per  cent  of  lot 

Alternative  to  Figure  69  with  garage 


330 


FIGURE  71 
THREE-STORY 


Continuous  Rows  or  Groups  on  25  ft.  Lots 

Lot  150  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

331 


FIGURE  72 
THREE-STORY 


'/(//////^ 

w/y//// 


T 


i 


40fTYARD 
MIN.) 


W/M 


Continuous  Rows  or  Groups  on  25  ft.  Lots 

Lot  1 50  ft.  deep 

Occupies  55  per  cent  of  lot 

Legal  maximum  55  per  cent  of  lot 

Alternative  to  Figure  71  with  front  set-back 

332 


FIGURE  73 

THREE-STORY 


8OFFYARD 


T 


Continuous  Rows  or  Groups  on  25  ft.  lots 

Lot  200  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

333 


FIGURE  74 
THREE-STORY 


50  FT. 
YARD 

(40FT-  MM,) 


T 


i. 


Continuous  Rows  or  Groups  on  25  ft.  Lots 

Lot  200  ft.  deep 

Occupies  50  per  cent  of  lot 

Legal  maximum  50  per  cent  of  lot 

Alternative  to  Figure  73  with  front  set-back 

334 


VI 
AN   IDEAL  HOUSING  LAW 


VI 
AN  IDEAL  HOUSING  LAW 

A'  I  ideal  situation  as  to  the  light  and  ventilation  of 
all  future  dwellings  would  result  if  we  could  adopt 
in  America  the  practice  which  is  quite  general  in 
Great  Britain;  namely,  of  having  no  buildings  used  for 
residence  purposes  exceed  two  rooms  in  depth,  each  group 
of  rooms  thus  extending  from  the  street  to  the  yard,  a 
generous  yard  being  left  at  the  back  of  the  building- 
Under  this  plan  every  room  and  public  hall,  in  fact,  every 
part  of  the  building,  would  open  either  on  the  street  or 
on  this  large  back  yard.  Such  conditions  are  ideal.  It 
would  mean  that  we  would  have  no  courts  or  air-shafts  or 
similar  makeshifts  for  direct  light  and  air. 


Two  ROOMS  PEEP— 

FIGURE  75 


A  most  important  step  in  this  direction  was  taken  in 
the  "Standards  for  Permanent  Construction"  adopted  by 
the  U.  S.  Department  of  Labor  in  March,  1918,  already 

22  337 


A    MODEL   HOUSING    LAW 

referred  to  several  times  in  this  book.  Here,  in  the  stan- 
dards, for  tenement  houses,  flats  and  apartments  (Type  8) 
it  is  provided: 

"Buildings  are  not  to  be  more  than  2  rooms  deep.  This 
means  either  that  rooms  shall  open  on  the  street  or  on  a 
rear  yard  or  on  an  interior  park  sufficiently  large  for  grass 
and  trees  to  grow  in  it  and  of  a  sufficient  size  to  admit 
direct  sunshine  into  all  rooms  opening  on  it,  at  some  period 
of  the  day,  except  rooms  with  northerly  exposure." 

While  it  was  easily  practicable  for  the  Federal  Govern- 
ment to  adopt  Standards  like  these  for  the  200  million 
dollars'  worth  of  workingmen's  dwellings  that  were  built 
by  it  for  the  housing  of  war  workers,  it  is  a  nice  question 
whether  our  courts  would- sustain  the  mandatory  require- 
ment of  a  statute  which  prohibits  the  erection  of  dwellings 
containing  courts  which  it  could  be  shown  are  sufficient 
to  furnish  adequate  light  and  air. 

A  Housing  Law  rests  in  the  last  analysis  on  whether  it 
is  a  reasonable  exercise  of  the  police  power;  which,  in 
turn,  is  based  on  the  health,  safety  and  welfare  of  the 
community. 

If  it  can  be  shown  to  the  satisfaction  of  our  courts  that 
this  form  of  construction,  viz.,  the  use  of  courts,  is  pre- 
judicial to  the  health,  safety  and  welfare  of  the  commu- 
nity, such  a  law  would  be  sustained. 

Before  this  can  be  brought  about  in  America,  however, 
we  shall  have  to  make  radical  changes  in  our  property 
divisions.  Such  a  plan  requires  that  property  shall  be 
divided  into  shallow  lots  and  that  the  present  deep  lot 
which  prevails  in  America  shall  cease  to  exist.  Before 
this  state  of  affairs  is  likely  to  be  reached  there  will  un- 
doubtedly be  many  years  of  effort  in  the  city  planning 
movement. 

This  book,  however,  would  not  be  complete  if  it  did  not 
contain  a  scheme  for  adapting  the  Model  Housing  Law 
to  such  conditions.  To  bring  about  these  ideal  conditions 
but  few  changes  in  the  Model  Housing  Law  would  have 
to  be  made.  They  are  as  follows: 

338 


AN    IDEAL    HOUSING    LAW 

VARIATION   i :    Omit  Subdivision  (7)  of  Section  2,  and  Variation 
re-number  the  subsequent  subdivisions  accordingly. 

VARIATION  2:   In  Subdivision  (16)  of  Section  2  omit  the    ~ 
words  "or  courts." 

VARIATION  3:  In  Subdivision  (18)  of  Section  2  omit  the 
sentence:  "Court  walls  are  exterior  walls." 

VARIATION  4:  Omit  Section  25  and  substitute  the  fol- 
lowing: 

"§25.  Courts  prohibited.  There  shall  be  no  court  or 
shaft  or  other  unoccupied  space  on  the  lot  other  than  a 
yard.  No  dwelling  hereafter  erected  shall  exceed  two 
rooms  in  depth  from  the  street  to  the  yard.  Each  apart- 
ment, group  or  suite  of  rooms  shall  extend  from  the  street 
to  the  yard." 

VARIATION    5  :  Omit  Section  26.  Variation 

VARIATION    6:  Omit  Section  27. 
VARIATION    7:  Omit  Section  28. 

VARIATION  8 :  In  Section  29  omit  the  words  "  courts  or." 
VARIATION  9:  In  Section 31  omit  the  words  "or  court." 
VARIATION  10:  In  Section  37 omit  the  words  "or court." 
VARIATION  1 1 :  In  Section  38  omit  the  words  "or  court." 
VARIATION  12:  In  Section  47  omit  the  words  "or  court." 
VARIATION  13:  In  Section  124  omit  the  words  "or 
court";  also  omit  the  words  "and  twenty-five." 


339 


VII 
THE  STANDARDS  OF  THE  FEDERAL  GOVERNMENT 


VII 
THE  STANDARDS  OF  THE  FEDERAL  GOVERNMENT 

A  ".US  I  ON  has  been  made  in  several  of  the  notes  to  various 
sections  of  the  Model  Housing  Law  to  the  Standards  adopted 
by  the  Federal  Government  in  connection  with  the  industrial 
housing  developments  of  the  U.  S.  Department  of  Labor  and  the 
U.  S.  Shipping  Board.  These  standards  were  adopted  by  the  U.  S. 
Department  of  Labor  under  date  of  March  7,  1918  and  have  been 
followed  in  all  essential  respects,  but  with  slight  variation,  by  the 
U.  S.  Shipping  Board  as  well. 

These  have  so  important  a  bearing  on  the  standards  of  the 
country's  future  housing  laws  that  it  has  seemed  not  inappropriate 
to  include  them  in  this  book.  They  should  serve  as  a  most  valuable 
example  and  object  lesson  to  all  communities  throughout  the  coun- 
try which  naturally  will  not  wish  to  have  the  types  of  dwellings 
erected  in  the  future  in  their  communities  less  desirable  than  those 
the  Federal  Government  considers  to  be  appropriate  for  the  hous- 
ing of  industrial  workers  in  war  times. 

In  order  that  the  reasons  for  the  adoption  of  these  standards 
and  their  full  significance  may  be  appreciated,  we  are  reprinting 
part  of  an  article  by  the  author  of  this  book  published  in  the 
Architectural  Record  of  April,  1918. 


343 


A    MODEL    HOUSING    LAW 


THE  GOVERNMENTS  STANDARDS  FOR  WAR  HOUSING* 

ONE  of  the  many  interesting  and  unexpected  by-products  of 
the  war  has  been  the  inauguration  in  this  country  of  the 
policy  of  building  workingmen's  dwellings  by  the  Federal 
Government.  For  years  Great  Britain  and  other  European  coun- 
tries have  carried  on  such  a  policy.  Although  a  few  persons  have 
urged  the  adoption  of  a  similar  policy  in  America,  America  has  been 
slow  to  follow  this  suggestion.  It  has  seemed  to  many  that  the 
building  of  houses  for  workingmen  by  the  Federal  Government  was 
an  undue  interference  with  the  rights  of  the  individual,  and  those  of 
a  conservative  mind  have  feared  greatly  the  inauguration  of  such 
a  policy  and  what  might  come  from  it. 

But  war  changes  everything.  Now,  irrespective  of  what  should 
be  the  Government's  policy  in  normal  or  peace  times — whether 
it  should  follow  the  example  of  Great  Britain,  France,  Belgium, 
Germany  and  other  countries  in  aiding  the  building  of  workingmen's 
dwellings,  or  whether  it  should  still  continue  to  hold  its  former 
position  of  aloofness — the  exigencies  of  war  have  forced  the  Federal 
Government  to  take  up  the  building  of  workingmen's  dwellings. 
Those  in  the  seats  of  the  mighty  have  had  forced  upon  them  the 
conclusion  that  if  the  war  is  to  be  won  by  the  Allies  and  is  not  to  be 
drawn  out  and  prolonged  indefinitely,  a  thing,  apparently  so  remote 
as  the  housing  of  the  workers,  may  be  a  determining  factor. 
************** 

While,  of  course,  the  most  important  function  to  be  performed 
through  the  Government's  taking  over  the  building  of  houses  for 
workers  in  shipyards  and  war  industries  resides  in  the  speeding  up 
of  the  war,  there  is  an  important  by-product  to  come  out  of  all  this 
effort  which  students  of  housing  are  vitally  interested  in. 

Every  one  has  recognized  that  workingmen's  dwellings  built 
by  the  Government,  or  with  Government  funds,  would  influence 

*  From  the  Architectural  Record,  April,  1918. 

344 


STANDARDS    OF    THE    FEDERAL    GOVERNMENT 

construction  in  this  field  for  many  years  to  come.  As  one  observer 
put  it,  the  Government's"  action  will  stamp  for  the  next  hundred 
years  the  type  of  house  that  is  to  be  built  for  industrial  workers. 
Irrespective  of  whether  this  statement  is  correct  or  not,  there  can 
be  no  question  but  that  the  standards  adopted  by  the  Government 
for  the  housing  of  workers  will  have  a  potent  influence  upon  the 
housing  of  the  workingman  in  this  country  for  many  years  to  come. 

Partly  because  of  the  recognition  of  this  fact,  but  primarily 
because  of  the  recognition  of  the  fact  that  unless  houses  of  the 
right  kind  were  built,  it  would  not  be  possible  to  attract  and  bold  the 
right  kind  of  workers  in  many  communities,  the  Housing  Admin- 
istration at  Washington  has  set  itself  for  many  months  past  to  the 
task  of  formulating  standards  which  should  govern  in  the  construc- 
tion work  to  be  undertaken  with  governmental  funds. 


NINE  TYPES  OF  HOUSES 

The  Standards  provide  for  nine  different  types  of  buildings,  as 
follows:  the  single-family  house;  the  two-family  house  (one  family 
upstairs — one  family  down;  where  two  families  are  side  by  side 
with  a  division  wall  between,  the  type  is  known  as  the  "semi- 
detached single-family  house");  the  single-family  house  with 
rooms  for  not  more  than  three  lodgers  or  boarders;  lodging  house 
for  men;  hotel  for  men;  lodging  house  for  women;  hotel  for 
women;  the  tenement  house,  and  the  boarding  house. 

There  are  some  18  standards  or  provisions  which  have  been 
grouped  under  the  title  "General  Provisions"  which  are  common 
to  all  of  these  types  of  buildings.  In  addition  there  are  certain 
special  provisions  that  have  been  laid  down  for  each  type.  Types 
i,  2  and  3 — viz.,  the  Single-Family  House,  the  Two-Family  House 
and  the  Single-Family  House  with  rooms  for  not  more  than  three 
lodgers  or  boarders — are  grouped  together  and  come  under  practi- 
cally the  same  requirements. 

The  Lodging  House  for  Men  and  the  Hotel  for  Men  are 
grouped  together  and  come  under  practically  the  same  require- 
ments. Similarly  with  regard  to  the  Lodging  House  and  Hotel  for 
Women.  These  two  types  come  under  practically  the  same  re- 

345 


A    MODEL    HOUSING    LAW 

quirements  though  they  differ  in  some  important  respects  from  the 
requirements  for  the  housing  of  men.  The  Tenement  House  and 
Boarding  House  have  each  their  own  special  requirements. 

SIGNIFICANT  PRINCIPLES 

The  significant  things  in  these  Standards,  some  of  which  really 
mark  revolutionary  changes  in  the  housing  of  workers,  are  the 
following: 

1 .  The  declaration  against  the  tenement  house  as  a  means 
of  housing  workers  set  forth  as  follows : 

"Tenement  houses  and  apartment  houses  are  considered 
generally  undesirable  and  will  be  accepted  only  in  cities  where, 
because  of  high  land  values,  it  is  clearly  demonstrated  that  single 
and  two-family  houses  cannot  be  economically  provided,  or  where 
there  is  insistent  local  demand  for  this  type  of  multiple  housing.  In 
any  case,  they  will  be  accepted  only  where  the  Housing  Board  is 
convinced  that  local  conditions  require  or  justify  their  use.  They 
must  conform  in  general  to  local  building  ordinances,  to  the  general 
provisions  of  these  standards  and  to  other  special  provisions  to  be 
issued  by  the  Housing  Board." 

2.  The  requirements    for  light    and    ventilation,  viz.,   the 
enunciation  of  the  principle  that  in  most  cases,  especially  in  the 
case  of  row  or  group  houses  and  tenement  houses,  the  houses  shall 
not  be  more  than  two  rooms  deep,  thus  doing  away  with  long  and 
narrow  courts.     In  fact  the  court  as  generally  known  is  outlawed 
even  in  the  case  of  tenement  houses.     For  such  buildings  a  treat- 
ment with  a  large  interior  park  is  the  treatment  required. 

3.  The  declaration  that  there  shall  be  an  adequate  space 
between  adjacent  buildings,  that  either  such  side  yards  shall  be 
adequate  or  that  the  houses  shall  be  built  in  rows  or  groups.     This 
standard  marks  a  high-water  mark  in  the  housing  practice  of  the 
country  and  if  followed  throughout  the  country  will  revolutionize 
present  practice.     In  place  of  the  present  inadequate  narrow  slits 
and  alley-ways — often  3  feet  and  generally  not  more  than  6  feet 
between   buildings — the  new  standard  requires  20  feet  between 
adjacent  buildings  and  insists  upon  a  minimum  of  16  feet.     Unless 
this  can  be  provided  the  houses  must  be  built  in  rows. 

4.  Similarly  there  has  been  an  equally  important  recognition 

346 


STANDARDS    OF   THE    FEDERAL   GOVERNMENT 

of  the  importance  of  an  adequate  open  space  between  the  backs  of 
buildings.  The  Standards  impose  a  requirement  for  a  minimum 
distance  of  50  feet,  with  a  minimum  back  yard  of  20  feet  in  alicases. 
The  desirability  of  set-backs  at  the  front  of  the  house  is  also  recog- 
nized. 

5.  The  absolute  prohibition  of  living  quarters  in  basements 
and  cellars. 

6.  The  requirement  for  through  or  cross- ventilation.     Mov- 
ing air  has  come  to  be  the  vital  principle  in  the  modern  science  of 
ventilation. 

7.  The  barring  out  completely  of  barracks,  bunk  houses  and 
dormitories  of  the  usual  type  and  the  substitution  for  them  of 
dormitories  housing  each  man  in  a  separate  single  room  of  adequate 
size. 

In  addition  to  these  striking  and  fundamental  advances  in 
housing  standards  there  are  numerous  details,  all  of  which  go  to 
make  for  better  living  conditions,  which  mark  distinct  advances 
and  which  will  be  of  material  assistance  to  architects  throughout 
the  country  in  the  planning  of  workingmen's  dwellings,  irrespective 
of  whether  they  are  to  be  built  with  Government  funds  or  not. 
Some  of  these  we  believe  are  sufficiently  interesting  to  be  worth 
commenting  upon  here. 

CLOTHES  CLOSETS  IN  EVERY  BEDROOM 
For  instance,  the  Administration  has  felt  it  important  to  re- 
quire that  in  all  types  of  houses — boarding  houses,  lodging  houses 
and  hotels,  as  well  as  in  private  dwellings — every  bedroom  shall  have 
a  clothes  closet  opening  from  the  room.  It  has  barred  out  the  built-in 
wardrobe  dresser  and  it  has  even  gone  so  far  as  to  suggest  a  mini- 
mum depth  for  clothes  closets  and  require  them  to  be  supplied 
with  rods  so  as  to  take  coat  hangers.  It  also  requires  every  closet 
to  have  a  door.  To  many  this  may  seem  like  going  into  matters 
of  detail  of  comparatively  minor  importance,  but  it  is  just  such  de- 
tails as  these  which  make  or  break  enterprises  of  this  kind.  In 
some  parts  of  the  country,  partly  for  economy's  sake,  but  also 
through  a  mistaken  idea  that  the  clothes  of  workers  need  special 
fumigation  and  airing,  closet 'doors  are  omitted.  This  is  a  source 
of  great  discomfort  and  inconvenience  to  the  tenants.  A  working- 

347 


A    MODEL   HOUSING    LAW 

man's  wife  is  no  different  from  anybody  else's  wife.  She  dislikes 
just  as  much  as  does  any  other  woman  having  dust  or  dampness 
pour  in  on  her  clothes.  Similarly,  so  simple  a  thing  as  the  require- 
ment for  providing  rods  in  each  closet  to  take  coat  hangers  has  an 
importance  way  out  of  proportion  to  its  cost.  In  the  first  place, 
it  more  than  doubles  the  capacity  of  the  closet.  There  are  probably 
not  five  industrial  housing  developments  in  the  country  where  such 
rods  are  provided  and  in  many  the  clothes  closets  are  built  so  nar- 
row that  even  if  a  rod  were  provided  a  clothes  hanger  couldn't  be 
used  on  it.  For  this  reason  the  Administration  has  felt  it  necessary 
to  impose  a  minimum  depth  of  22  inches  in  all  closets. 

ARRANGEMENT  OF  HALLS,  STAIRS  AND  DOORS 
One  of  the  things  that  will  not  be  found  so  stated  in  the  Stand- 
ards, but  which  has  had  very  careful  consideration,  is  the  arrange- 
ment of  halls,  stairs  and  door  openings  so  that  heavy  pieces  of 
furniture  such  as  are  common  to  workingmen's  families,  may  be 
taken  up  and  down  stairs  and  inside  of  rooms  without  having  to 
take  the  house  apart  as  is  sometimes  the  case  in  workingmen's 
dwellings  of  the  commercial  type.  It  ought  not  to  be  necessary  in 
such  houses  to  take  the  piano  or  the  brass  bed,  like  a  safe,  up 
through  the  outside  windows,  but  it  frequently  happens.  More- 
over, the  houses  built  with  Government  money  will  be  such  that 
the  decencies  of  life  and  death  can  be  observed  and  a  coffin  can  be 
taken  down  stairs  without  standing  it  on  end.  If  any  one  thinks 
that  this  is  not  an  important  matter  he  has  little  knowledge  of  the 
feelings  which  control  the  workingman.  He  resents  such  an  in- 
dignity to  the  remains  of  some  one  dear  to  him  just  as  much  as 
would  any  of  us.  And  so  the  Government  requires  that  "halls, 
stairs  and  doors  shall  permit  the  easy  moving  of  furniture." 

In  very  recent  years  a  few  architects,  especially  those  who 
have  had  their  training  in  Paris,  have  adopted  the  practice  of  plan- 
ning the  furniture  in  the  rooms.  It  is  a  most  important  practice. 
In  the  average  workingman's  dwelling  it  is  honored  more  in  the 
breach  than  in  the  observance.  It  too  frequently  happens  that 
when  the  workingman  puts  his  furniture  in  his  nice  little  house,  he 
finds  no  place  for  his  beautiful  brass  double  bed,  which  is  the  chief 
article  of  furniture  in  the  average  mechanic's  home  and  is  to  be 

348 


STANDARDS    OF    THE    FEDERAL    GOVERNMENT 

found  quite  as  often  in  the  home  of  the  foreign  laborer  as  it  is  in 
the  home  of  the  American  mechanic. 

Consequently,  windows  that  have  been  provided  to  furnish 
light  and  ventilation  are  practically  useless,  for  the  bed  is  jammed 
up  against  them  and  the  window  as  a  result  is  never  or  seldom 
opened  and  the  shade  is  kept  pulled  down,  thus  defeating  the  archi- 
tect's purpose.  Similarly,  closet  and  room  doors  are  often  so  placed 
as  to  get  in  the  way  of  nearly  all  of  the  furniture.  In  the  new 
Standards  these  difficulties  have  been  anticipated  and  it-is  required 
that  beds  shall  be  indicated  on  plans,  to  scale,  and  it  is  pointed 
out  to  the  architects,  some  of  whom  seem  to  be  without  that 
domestic  knowledge  that  double  beds  are  5  feet  in  width  by  6  feet 
6  inches  in  length  and  single  beds  three  feet  wide.  It  might  at  first 
blush  seem  to  the  ordinary  observer  that  it  was  hardly  necessary  to 
go  into  so  much  detail  on  this  matter,  but  the  Administration  has 
already  received  plans  from  responsible  architects  of  good  stand- 
ing where  every  double  bed  was  too  narrow  and  was  really  a  three- 
quarter  bed — something  that  is  seldom  found  in  workingmen's 
homes — with  a  result  that  the  bed  when  shown  on  the  plans  in  the 
proper  size  did  get  in  the  way  of  doors  and  windows. 

The  Standards  also  add  this  important  provision:  "  It  is  re- 
commended that  beds  be  free-standing  and  not  located  in  a  corner 
or  with  the  side  against  a  wall/'  Here  again  a  necessary  warning 
has  been  served  upon  the  architectural  profession.  The  writer 
recently  saw  a  very  attractive  and  charming  industrial  housing  de- 
velopment, one  of  the  best  in  the  country,  where  the  architect  had 
prided  himself  upon  his  forethought  and  intelligence  in  planning  in 
all  of  the  beds  in  the  bedrooms,  but  he  was  either  a  bachelor  or  had 
never  had  the  experience  of  helping  his  wife  make  the  bed.  The 
result  was  that  all  of  his  beds  were  shown  jammed  up  in  a  corner 
with  one  side  against  the  wall.  He  was  greatly  surprised  to  learn 
that  the  housewife  didn't  like  beds  located  in  that  manner;  that  it 
was  impossible  to  make  a  double  bed  thus  situated  without  pulling 
out  the  bed  and  pushing  it  back  again,  and  that  this  was  a  nuisance. 
In  addition,  from  the  point  of  view  of  health,  it  is  highly  desirable 
that  people  should  not  be  asked  to  sleep  with  their  noses  up  against 
the  wall.  These  defects,  so  frequently  encountered  in  the  work- 

349 


A    MODEL    HOUSING    LAW 

ingman's  dwelling,  have  been  anticipated  in  the'new  Standards  and 
it  is  hoped  will  be  obviated. 

ARRANGEMENT  OF  SINKS  AND  WASHTUBS 
A  similar  consideration  of  the  convenience  and  comfort  of  the 
housewife  is  found  in  the  requirement  that  sinks  and  washtubs 
shall  have  the  rim  36  inches  above  the  floor.    This  will  prevent 
many  an  aching  back. 

OUTWARD  APPEARANCE 

Coming  to  the  question  of  outside  appearance,  we  find  that 
board  fences  are  barred  out  and  hedges  or  open  metal  fences  en- 
couraged. Provision  for  drying  clothes  is  to  be  made  and  it  is  sug- 
gested that  where  metal  fences  are  used  the  fence  standards  can  be 
advantageously  designed  for  this  purpose.  The  backyard  vegetable 
garden  is  not  to  be  so  much  considered  as  to  make  the  dividing 
up  of  the  property  into  deep  lots  a  desideratum  to  be  sought  after. 
It  is  suggested  instead  that  the  European  practice  of  centrally 
located  and  conveniently  accessible  allotment  gardens  be  followed 
rather  than  attempting  in  new  developments  to  provide  deep  lots 
for  the  purpose  of  giving  each  man  his  own  garden  at  the  back  of 
his  house.  Porches  are  stated  to  be  desirable,  but  must  be  built  of 
durable  construction  with  proper  foundations  and  must  not  en- 
croach on  the  side  yard  or  unduly  darken  rooms. 

When  it  comes  to  the  question  of  materials  of  exterior  walls, 
the  Standards  very  properly  state  that  this  question  is  dependent 
upon  local  supplies.  Brick,  terra  cotta,  stone  or  concrete  are  pre- 
ferred for  all  outer  walls.  In  the  case  of  buildings  housing  a  number 
of  people,  such  as  lodging  houses  and  hotels  for  men  and  women, 
outer  walls  of  frame,  except  in  the  case  of  one-story  buildings,  are 
absolutely  prohibited  and  frame  tenements  are  similarly  prohibited. 
Wood  frame,  either  clapboard,  shingled  or  stuccoed,  is  permitted  for 
detached  or  semi-detached  single-family  and  two-family  houses 
not  over  two  and  one-half  stories  high.  Division  walls  between 
houses  built  in  rows  or  groups  are  required  to  be  of  brick,  terra 
cotta,  stone  or  concrete. 


350 


STANDARDS    OF   THE    FEDERAL   GOVERNMENT 

ELIMINATION  OF  WINDING  STAIRS 

One  of  the  questions  which  will  make  many  architects  put 
more  study  upon  the  plan  of  a  workingman's  dwelling  than~they 
have  ever  put  before  is  the  elimination  of  winding  stairs.  These 
are  absolutely  barred  out  for  all  classes  of  buildings;  for,  it  has 
been  found  in  practice  that  by  a  little  bit  more  careful  study  the 
winder  can  be  avoided,  and  it  is  the  general  experience  among 
those  familiar  with  dwellings  of  this  kind  that  such  stairs  are  very 
objectionable,  that  not  only  children  fall  down  them  and  get  in- 
jured, but  that  adults  find  great  difficulty  in  getting  accustomed  to 
them  and  frequent  accidents  result.  A  maximum  height  of  8 
inches  for  risers  and  a  minimum  width  of  9  inches  for  treads  is 
required. 

VENTILATION 

When  it  comes  to  questions  of  ventilation  and  light  and  air, 
there  is  nothing  very  startling  or  new  in  the  Standards  adopted. 
Obviously  the  Federal  Government  could  not  bring  itself  to 
loan  money  upon  houses  containing  dark  rooms,  or  even  on 
houses  with  rooms  inadequately  lighted  or  ventilated.  The  Stand- 
ards require  that  every  room  in  every  type  of  building  shall  have  at 
least  one  window  of  not  less  than  10  square  feet  in  area  opening 
directly  to  the  outer  air.  In  tenement  houses  and  in  lodging 
houses  and  hotels  12  square  feet  is  the  minimum  required.  This 
doesn't  mean  that  every  window  must  be  12  square  feet  in  area, 
for  there  has  been  no  thought  of  putting  such  a  straitjacket 
upon  architectural  design.  All  that  is  required  is  that  there 
shall  be  in  every  room  at  least  one  window  containing  this 
minimum  area.  The  greatest  latitude  is  given  architects  in  util- 
izing windows  as  an  essential  part  of  the  design  of  the  house, 
and  casement,  pivoted  and  double-hung  sash  are  all  permitted  and 
encouraged.  While  one  window  is  required  in  every  room,  it  is 
stated  that  two  windows  in  each  room  are  generally  preferred; 
though  it  is  recognized  that  in  the  small  bedrooms  one  window  is 
sufficient.  Special  emphasis  is  placed  upon  the  desirability  of 
cross-ventilation  to  secure  moving  air,  and  it  is  pointed  out  that 
this  should  be  as  direct  as  possible  and  it  is  suggested  that  where 
practicable  communicating  doors  be  provided  between  bedrooms 


A    MODEL    HOUSING    LAW 

for  this  purpose;  that  where  this  is  not  possible  transoms  be  pro- 
vided, and  doors  and  windows  be  so  located  as  to  make  cross- 
ventilation  as  nearly  direct  as  possible. 

PLUMBING 

The  best  practice  in  plumbing  requirements  is  followed. 
The  house  drain  under  the  house  and  5  feet  outside  of  it  is  re- 
quired to  be  of  extra  heavy  cast  iron.  Soil  and  waste  lines  simi- 
larly are  recommended  to  be  either  extra  heavy  cast  iron  or 
genuine  wrought  iron  and  are  required  to  be  extended  through  the 
roof.  One  departure  from  the  usual  plumbing  practice,  and  one 
which  will  appeal  to  architects  as  an  economy  and  as  a  practical 
measure,  is  the  permission  to  use  a  3-inch  soil  stack  where  not  more 
than  two  waterclosets  are  placed  on  one  stack.  Antiquated  types 
of  fixtures  are  naturally  barred  out.  Plunger,  pan,  long-hopper 
and  range  closets  are  prohibited ;  and  waterclosets  are  required  to  be 
of  porcelain  and  either  wash-down,  syphon  or  syphon-jet  type,  in  all 
cases  with  an  individual  flush  tank.  The  new  type  of  open-front 
seat  so  important  in  preventing  venereal  disease  is  recommended. 
Outdoor  waterclosets  are  absolutely  prohibited,  as  are  privies; 
cellar  waterclosets  are  to  be  permitted  only  where  they  are  sup- 
plementary to  the  accommodations  required  under  the  Standards, 
and  even  then  must  be  constructed  under  conditions  which  will  not 
give  rise  to  abuse.  One  very  important  requirement  is  that  access 
shall  be  had  to  all  watercloset  compartments  either  from  a  hall  or 
vestibule  and  never  solely  from  a  room.  This  is  essential  for 
privacy.  Wooden  sinks  and  wooden  washtrays  are  barred  out. 
Hot  and  cold  water  supply  is  to  be  provided  for  all  fixtures.  Ex- 
posed pipes  are  preferred,  though  not  always  required,  and  when 
exposed  preference  is  expressed  for  the  use  of  wrought  iron.  Spe- 
cial emphasis  is  laid  upon  the  desirability  of  concentrating  pipes 
where  possible,  and  especially  in  Northern  climates,  in  keeping 
them  away  from  outside  walls  so  as  to  avoid  freeezing. 

HEIGHT  OF  BUILDINGS 

Single-family  houses  are  to  be  kept  down  to  two  and  one-half 
stories  in  height  and  two-family  houses  are  limited  to  two  stories. 
All  other  types  of  buildings — namely,  tenement  houses  and  hotels 

352 


STANDARDS    OF    THE    FEDERAL    GOVERNMENT 

and  lodging  houses — are  limited  to  four  stories.  While  cellars  are 
not  required  in  all  cases,  nor  are  they  to  be  deemed  essential  under 
the  whole  house  in  the  case  of  private  dwellings  and  two-family 
houses,  a  minimum  height  of  6  feet  6  inches  is  required  and  all 
cellars  must  be  well  lighted  with  good  cross-ventilation  and  dry 
and  well  paved.  Where  cellars  are  omitted  the  house  has  to  be 
set  up  on  posts,  stones  or  a  wall,  at  least  2  feet  above  the  ground, 
and  this  space  is  required  to  be  drained,  enclosed  and  ventilated. 

ROOMS 

An  attempt  is  made  to  guide  the  architectural  profession 
as  to  what  is  the  best  practice  and  the  desires  of  the  working 
population  with  regard  to  room  accommodation.  I n  workingmen's 
dwellings  that  have  been  commercially  built  in  this  country  a  mis- 
take has  often  been  made  in  the  past  in  providing  too  many  rooms, 
the  six-room  and  seven-room  house  predominating  to  a  very  large 
extent.  The  average  workingman  does  not  want  so  many  rooms. 
With  a  normal  family  he  cannot  use  so  many  rooms  and  the  result 
is  that  he  is  often  induced  to  take  in  roomers  or  lodgers;  the  temp- 
tation to  use  the  extra  rooms  in  this  way  being  almost  irresistible. 
Moreover,  the  average  mechanic  does  not  wish  to  spend  the  money 
necessary  to  furnish  so  many  rooms,  nor  can  he  afford  to  heat  them, 
nor  does  his  wife  wish  to  take  care  of  so  many  rooms.  In  the  case 
of  "common  labor,"  as  a  rule  the  workingman  cannot  afford  to  pay 
for  more  than  four  rooms,  though  he  generally  is  forced  in  most 
parts  of  the  country  to  rent  a  house  containing  either  five,  six  or 
seven  rooms. 

With  full  recognition  of  these  facts  the  Housing  Administra- 
tion has  suggested  in  the  case  of  the  single-family  and  two-family 
houses  that  the  best  type  of  house  for  the  higher  paid  worker  is  a 
five-room  type  consisting  of  parlor,  large  kitchen,  three  bedrooms 
and  bathroom.  '  As  an  alternative  type  of  house  it  is  suggested 
that  in  place  of  a  large  kitchen  a  dining  room  and  kitchenette  may 
be  provided.  Architects  are  cautioned  against  providing  many 
houses  of  the  four-room  type  for  the  higher  paid  workers.  In  some 
cases  where  there  are  small  families  these  will  be  desired,  but  as  a 
rule  the  higher  paid  worker  should  have  at  least  five  rooms.  A 
similar  caution  is  urged  with  regard  to  the  six-room  type  of  house 
23  353 


A    MODEL    HOUSING    LAW 

consisting  of  parlor,  dining  room,  kitchen  and  three  bedrooms  and 
bath.  The  Administration  states  that  such  a  type  is  suited  only  for 
abnormally  large  families  and  should  be  provided  sparingly,  it  adds 
that  for  the  lower  paid  workers  the  four-room  type  of  house  is  the 
desirable  type  and  that  it  should  consist  of  a  parlor,  a  kitchen,  two 
bedrooms,  and  a  bathroom.  An  interesting  provision  is  found  in 
the  requirement  that  where  a  house  has  more  than  seven  rooms  it 
is  to  be  treated  as  Type  3,  viz.,  a  single-family  house  with  rooms 
for  lodgers  or  boarders.  This  means  that  the  additional  bedrooms 
must  be  so  arranged  and  located  as  to  insure  privacy  of  access  for 
boarders,  and  privacy  of  toilet  accommodations.  In  such  houses 
it  is  required  that  lodgers  shall  have  access  to  their  bedrooms  and 
to  a  separate  watercloset  compartment  without  having  to  pass 
through  the  rooms  designed  for  the  use  of  the  family.  This  will  do 
away  with  very  serious  evils  that  now  exist  in  connection  with  the 
practice  of  taking  roomers  in  workingmen's  dwellings. 

SIZE  OF  ROOMS 

In  many  workingmen's  houses  that  have  been  built  in  the 
past  the  rooms  are  frequently  too  small.  In  order  to  bring 
about  economy  of  construction,  and  also  sometimes  because  of 
disadvantageous  lot  units,  and  in  the  case  of  the  speculative 
builder  a  desire  to  "skin  the  job"  as  much  as  possible,  has  led 
to  the  construction  of  houses  with  rooms  of  inadequate  size.  The 
Housing  Administration,  in  order  to  prevent  this  kind  of  evil  in 
Government  construction,  imposes  a  minimum  size  for  bedrooms 
jn  private  dwellings,  two-family  houses  and  tenement  houses,  of  80 
square  feet,  with  a  minimum  width  of  7  feet.  In  lodging  houses 
and  hotels  it  permits  individual  bedrooms  as  narrow  as  6  feet  in 
width  and  as  small  as  60  square  feet  in  area,  though  it  recommends 
in  such  types  of  buildings  bedrooms  of  70  square  feet  in  area  with  a 
7-foot  width  as  a  minimum.  In  all  family  dwellings,  whether  pri- 
vate house,  two-family  house  or  the  tenement,  one  large  bedroom 
is  required  to  be  provided  of  a  size  not  less  than  10  by  12  feet  and 
preferably  not  larger  than  12  by  14  feet. 

Some  architects  in  their  desire  to  give  ample  space,  sometimes 
provide  rooms  that  are  too  large.  In  order  to  avoid  this  certain 
maximum  sizes  are  indicated.  This  is  quite  important;  for,  the 

354 


STANDARDS   OF   THE    FEDERAL   GOVERNMENT 

bedroom  that  is  too  large  encourages  the  taking  in  of  roomers  and 
lodgers  and  is  used  practically  as  a  dormitory.  The  house  that  has 
too  large  rooms  is  also  unattractive  to  the  workingman,  who  finds 
it  difficult  and  expensive  to  heat,  and  he  also  finds  that  the  ordinary 
furniture,  such  as  he  can  buy  in  the  department  store  or  such  as  he 
possesses,  will  not  fit  it.  This  is  an  important  consideration  to  the 
workingman ;  in  fact,  a  room  that  will  nicely  take  a  9  by  1 2  rug  will  be 
found  to  be  the  size  room  that  the  workingman  will  generally  desire. 
For  these  reasons  the  Administration  has  suggested  a  maximum 
size  for  all  of  the  large  rooms — namely,  parlor,  dining  room,  kitchen 
and  large  bedroom — of  12  by  14  feet,  with  a  minimum  size  for  these 
rooms  of  10  by  12  feet.  Kitchenettes  are  permitted  only  where 
there  is  a  separate  dining  room.  In  such  case  the  kitchenette  may 
be  as  small  as  6  feet  in  width  with  a  minimum  area  of  70  square  feet. 

HEIGHT  OF  ROOMS 

In  private  dwellings  and  two-family  houses  as  well  as  in 
lodging  houses  and  hotels,  rooms  8  feet  high  are  permitted.  In  the 
latter  class  of  buildings  the  public  rooms  are  required  to  be  from  9 
to  12  feet  in  height.  In  tenement  houses,  following  the  practice 
in  most  cities  and  the  standards  of  most  tenement  house  laws,  a 
clear  height  of  9  feet  is  required  for  all  rooms.  Attic  rooms  are 
encouraged  in  order  to  make  possible  the  greater  use  of  houses 
with  pitched  and  gambrel  roofs;  but  an  attempt  is  made,  however, 
to  prevent  such  rooms  from  becoming  either  unsanitary  or  uncom- 
fortable because  of  lack  of  proper  ventilation,  or  of  inadequate 
height,  or  too  great  heat  in  summer. 

In  all  cases  a  roof  air  space  of  at  least  8  inches  is  required  be- 
tween the  top  of  the  ceiling  and  the  under  side  of  the  roof;  this 
space  to  be  provided  with  adequate  waterproof  openings  for  venti- 
lation at  both  ends,  if  practicable.  In  addition,  where  there  are 
attic  rooms  it  is  required  that  there  shall  be  a  height  of  8  feet 
throughout  a  floor  area  of  at  least  40  square  feet;  that  there  shall 
also  be  a  clear  height  of  not  less  than  6  feet  over  an  area  of  at  least 
80  square  feet,  with  a  minimum  width  of  7  feet  throughout  that 
area.  The  practice  of  filling  up  the  attic  in  a  private  dwelling  with 
roomers  is  discouraged  by  the  requirement  that  in  two  and  one-half 
story  houses  a  single  bedroom  only  may  be  provided  in  the  attic. 

355 


A   MODEL   HOUSING    LAW 

FIRE  PROTECTION 

Every  building  over  three  stories  high  must  be  a  fireproof 
building  throughout.  In  hotels  and  lodging  houses  for  both  men 
and  women  the  buildings  are  required  to  be  divided  up  at  intervals 
of  approximately  3,000  square  feet  by  fire  walls  of  brick,  terra  cotta, 
stone  or  concrete,  with  fireproof  self-closing  doors  at  all  openings. 
In  hotels  and  lodging  houses  the  stairs  and  stair  halls  are  required 
to  be  fireproof  and  enclosed  in  walls  of  brick,  terra  cotta,  stone  or 
concrete  with  fireproof  self-closing  doors  at  all  openings.  Dumb- 
waiters and  elevators  are  not  permitted  in  stair  inclosures,  but  are 
required  to  be  inclosed  in  separate  fireproof  shafts  with  fireproof 
doors,  those  for  dumb-waiters  to  be  self-closing.  In  these  types  of 
houses  inside  cellar  stairs  are  permitted,  but  are  required  to  be 
inclosed  similarly  with  fireproof  walls  with  self-closing  fireproof 
doors. 

MEANS  OF  EGRESS 

In  hotels  and  lodging  houses  for  both  men  and  women  addi- 
tional means  of  egress  to  the  street  or  yard  must  be  provided  either 
by  an  additional  flight  of  stairs,  by  a  fire  tower  or  by  a  stair  fire- 
escape.  The  fire-escape  is  considered  the  least  desirable  method. 
Such  additional  means  of  egress  are  required  to  be  remote  from 
the  main  stairs  and  to  be  separated  from  it  and  from  the  other  parts 
of  the  building  by  fireproof  walls,  with  fireproof  self-closing  doors 
at  all  openings,  and  to  be  so  located  that  no  room  shall  be  more 
than  40  feet  away  from  a  means  of  egress.  Similar  provisions  are 
made  with  regard  to  tenement  houses  except  that,  of  course,  in 
this  class  of  building  the  egress  is  required  to  be  direct  from  each 
apartment  or  flat  instead  of  from  a  public  hall. 

SOME  UNIQUE  FEATURES 

Hotels  and  lodging  houses  for  both  men  and  women,  espe- 
cially for  women,  present  some  novel  features  which  the  writer 
believes  will  become  the  accepted  type  for  buildings  of  this  kind. 
The  type  of  building  itself,  a  city  hotel  for  working  men  and  work- 
ing women,  is  a  new  type  and  there  has  been  comparatively  little 
experience  on  which  to  base  conclusions.  What  experience  there 
has  been,  however,  has  been  freely  availed  of.  Some  of  the  inter- 

356 


STANDARDS   OF   THE    FEDERAL   GOVERNMENT 

esting  features  of  the  women's  lodging  house  and  hotel  which 
may  be  cited  are  the  following: 

First,  the  suggestion  that  a  girl's  lodging  house  or  hote^shpuld 
provide  accommodations  for  not  less  than  75  girls;  that  it  is 
uneconomic  to  house  less,  and  that  similarly  it  should  not  contain 
more  than  150  girls,  as  it  has  been  found  with  more  than  that 
number  the  difficulties  in  management  and  supervision  are  too 
great.  The  same  considerations  do  not  apply  in  the  case  of  men. 

The  providing  of  so-called  "beau  parlors"  in  the  women's 
lodging  houses  or  hotels  where  the  girls  can  receive  their  men 
callers  under  proper  conditions  and  yet  be  under  the  observance  at 
least  of  the  matron,  without  embarrassing  the  girl,  is  one  of  the 
interesting  and  admirable  features  that  have  been  worked  out. 

In  addition,  the  arrangement  is  suggested  that  on  the  first 
floor  of  such  buildings  there  shall  be  provided  a  matron's  office  so 
placed  as  to  oversee  the  single  entrance  and  the  access  to  the  sleep- 
ing quarters.  A  kitchenette,  a  sitting  room  and  a  sewing'room  are  to 
be  provided  on  at  least  alternate  room  floors  so  as  to  give  the  girls  a 
chance  to  make  candy  and  to  cook  up  such  midnight  messes  as  are 
dear  to  the  heart  of  youth.  The  opportunity  also  to  sit  and  do 
their  mending  without  having  to  go  down  stairs  is  an  important 
one.  Similarly,  provision  is  made  for  a  room,  preferably  in  the 
basement,  where  the  girls  can  wash  their  clothes. 

The  hotel  type  corresponds  very  closely  to  the  lodging  house 
type  except  that  in  addition  it  is  required  to  have  a  dining  room 
and  cafeteria  with  the  necessary  pantry,  service  rooms  and  kitchen. 

One  interesting  detail  that  differentiates  the  women's  lodging 
house  from  the  men's  is  the  requirement  that  in  the  women's 
general  lavatory  on  each  floor  there  shall  be  partitions  between 
washbasins  extending  up  five  feet  from  the  floor  so  as  to  give 
privacy.  This  is  not  found  necessary  with  the  men.  Similarly, 
with  the  men,  showers  are  provided,  but  for  the  women  these  are 
required  to  be  body  showers. 

The  Standards  contain  so  many  interesting  details  that  we 
print  them  in  full. 


357 


A    MODEL    HOUSING    LAW 


DEPARTMENT  OF  LABOR,  BUREAU  OF   INDUSTRIAL  HOUSING  AND 
TRANSPORTATION 

STANDARDS  RECOMMENDED  FOR  PERMANENT  INDUSTRIAL  HOUSING 

DEVELOPMENTS 

March,  1918 
ACKNOWLEDGMENT 

The  following  standards  for  permanent  buildings  to  be  con- 
structed for  the  housing  of  industrial  war  workers  were  adopted  by 
the  Bureau  of  Industrial  Housing  and  Transportation  of  the  De- 
partment of  Labor,  in  consultation  with  Mr.  Lawrence  Veiller, 
secretary  National  Housing  Association,  on  March  7,  1918.  The 
original  draft  was  prepared  by  Mr.  Veiller.  It  was  discussed  and 
modified  in  a  series  of  conferences  in  the  course  of  which  the  follow- 
ing persons  took  part  and  offered  helpful  suggestions: 

Grosvenor  Atterbury,  architect,  member  of  the  Committee 
on  War-time  Housing  of  the  National  Housing  Association. 

Alexander  Bing,  secretary  of  the  Housing  Committee  of  the 
Emergency  Fleet  Corporation. 

Charles  B.  Ball,  chief  sanitary  inspector,  Chicago. 

Owen  Brainard,  architect  and  engineer. 

Arthur  C.  Comey,  landscape  architect. 

Francis  Dykes,  real  estate  department,  Bethlehem  Steel  Co. 

Otto  M.  Eidlitz,  civil  engineer  and  builder. 

James  Ford,  professor  of  social  ethics,  Harvard  University. 

Philip  Hiss,  architect,  chairman  Section  on  Housing,  Com- 
mittee on  Labor,  Council  of  National  Defense. 

John  Ihlder,  housing  investigator. 

Harlean  James,  executive  secretary  Section  on  Housing, 
Committee  on  Labor,  Council  of  National  Defense. 

Walter  H.  Kilham,  architect. 

Robert  D.  Kohn,  architect,  member  of  the  Housing  Commit- 
tee of  the  Emergency  Fleet  Corporation. 

Joseph  D.  Leland,  3d,  architect. 

358 


STANDARDS    OF   THE    FEDERAL   GOVERNMENT 

Perry  R.  MacNeille,  consulting  architect  to  the  Emergency 
Fleet  Corporation. 

Horace  B.  Mann,  architect. 

Marcia  Mead,  architect. 

John  Nolen,  landscape  architect,  member  of  the  Committee 
on  War-time  Housing  of  the  National  Housing  Association;  mem- 
ber of  the  Housing  Committee  of  the  Emergency  Fleet  Corporation. 

Frederick  Law  Olmsted,  landscape  architect,  member  of  the 
Committee  on  Emergency  Construction,  Council  of  National 
Defense. 

E.  L.  Palmer,  jr.,  architect.  . 

William  C.  Post,  architect. 

Lincoln  Rogers,  Bureau  of  Yards  and  Docks,  United  States 
Navy. 

I.  N.  Phelps  Stokes,  architect. 

Lawrence  Veiller,  secretary  National  Housing  Association; 
member  of  the'  Committee  on  War-time  Housing  of  the  National 
Housing  Association. 

George  S.  Welsh,  architect. 


359 


A    MODEL    HOUSING    LAW 


HOUSING  STANDARDS  FOR  PERMANENT  CON- 
STRUCTION 

These  standards  are  not  intended  as  inflexible  requirements, 
but  any  plans  which  fail  to  conform  to  them  are  not  likely  to  be 
accepted  unless  supported  by  very  strong  reasons.  Local  building 
codes,  housing  laws,  and  similar  ordinances  are  to  be  followed: 
Provided,  however,  That  in  case  such  local  regulations  permit  or  re- 
quire anything  not  permitted  by  these  standards  the  express  ap- 
proval of  this  bureau  is  to  be  obtained  before  departing  from  the 
standards  as  here  outlined. 

TYPE.S  OF  HOUSES 

(Principal  types  only) 

Type  i .  Single-family  house. 
Type  2.  Two-family  house. 

Type  3.  Single-family  house  with  rooms  for  lodgers  or 
boarders. 

Type  4.  Lodging  house  for  men. 
Type  5.  Hotel  for  men. 
Type  6.  Lodging  house  for  women. 
Type  7.  Hotel  for  women. 
Type  8.  Tenement  house. 
Type  9.  Boarding  house. 

I.  GENERAL  PROVISIONS 

All  types  of  houses  to  conform  to  these  general  provisions  and,  in  addition,  to 
certain  special  provisions  as  later  indicated. 

1 .  ARRANGEMENT. — Row  or  group  houses  normally  not  to  be 
more  than  two  rooms  deep. 

2.  BASEMENTS. — No  living  quarters  to  be  in  basements. 

3.  CLOSETS. — Every  bedroom  to  have  a  clothes  closet,  open- 
ing from  the  room.    Built-in  wardrobe  dressers  will  not  be.  accepted. 
Normally  such  closet  to  be  not  less  than  22  inches  deep  and  with 
door.    Closets  to  be  supplied  with  rods  to  take  coat  hangers. 

4.  COOKING. — Gas  preferred,  but  flue  for  coal  stove  to  be 

360 


STANDARDS  OF  THE  FEDERAL  GOVERNMENT 

provided ;  all  flues  to  be  lined.  The  question  of  whether  or  not  cook- 
stoves  are  to  be  provided  with  the  house  to  be  considered  at  the 
time  materials  are  being  ordered. 

5.  FENCES. — Board  fences  will  not  be  accepted.    Hedges  or 
open  metal  fences  desirable.     Suitable  arrangements  for  drying 
clothes  to  be  provided.     Where  there  are  open  metal  fences  the 
fence  standards  can  be  designed  for  this  purpose. 

6.  FURNITURE  SPACE. — Beds  to  be  indicated  to  scale  on  plans 
(double  beds,  5  feet  by  6  feet  6  inches;  single  beds,  3  feet  by  6  feet 
6  inches).    Location  of  beds  not  to  interfere  with  windows  or  doors. 
It  is  recommended  that  beds  be  free  standing  and  not  located  in  a 
corner  or  with  the  side  against  a  wall.    Space  to  be  provided  for 
two  pieces  of  furniture  in  addition  to  bed.    Halls,  stairs,  and  doors 
to  permit  easy  moving  of  furniture. 

7.  GARDENS. — Allotment  gardens,   conveniently  accessible, 
preferable  to  increasing  the  size  of  the  lot  to  provide  for  individual 
backyard  vegetable  gardens. 

8.  LIGHTING. — Electricity  preferred. 

9.  MATERIALS  OF  EXTERIOR. — Materials  dependent  on  local 
supplies;   brick,  terra  cotta,  stone,  or  concrete  preferred.    Outer 
walls  to  be  insulated  against  dampness  and  condensation.     Rat 
nogging  to  be  provided.    Roof  to  be  fire  resisting;  leaders  and  gut- 
ters not  essential  unless  drip  will  do  harm. 

10.  OPEN  SPACES. — Side-yard  space  between  adjacent  build- 
ings to  be  preferably  20  feet;  minimum,  16  feet;  such  space  to  be 
increased  proportionately  for  each  additional  story,  or  part  of  story, 
above  two  stories.     If  this  space  is  not  obtainable  because  of  lot 
sizes  or  land  values,  houses  should  be  built  in  rows  or  groups. 

Rear-yard  depth  not  to  be  less  than  height  of  building,  nor  in 
any  case  less  than  20  feet.  Minimum  distance  between  backs  of 
houses  to  be  50  feet.  Consideration  to  be  given  as  to  whether  sites 
should  be  provided  for  garages.  When  not  an  integral  part  of  the 
house,  garages  should  preferably  be  at  the  rear  of  the  lot,  should  not 
be  located  closer  than  15  feet  to  the  nearest  part  of  house,  and 
should  not  exceed  one  story  in  height. 

Front  yards  or  set-backs  desirable  where  practicable;  mini- 
mum distance  from  front  of  house  to  front  of  opposite  house  to  be 
50  feet. 


A    MODEL    HOUSING    LAW 

Covered  porches  to  be  considered  part  of  building. 

1 1.  PLUMBING. — House  drain  under  house  and  5  feet  outside 
to  be  extra  heavy  cast  iron.    Vitrified  clay  pipe,  with  proper  joints, 
may  be  used  where  ordinance  permits.     It  is  recommended  that 
soil  and  waste  pipes  be  extra  heavy  cast  iron  or  genuine  wrought 
iron.    Soil  and  waste  pipes  to  be  extended  through  roof.    A  3-inch 
soil  stack  preferred  where  not  more  than  two  water-closets  are 
placed  on  one  stack. 

Water-closets  to  be  porcelain  and  wash-down,  siphon,  or 
siphon-jet  type,  with  individual  flush  tank.  Open-front  seat  rec- 
ommended. Outdoor  water-closets  will  not  be  accepted.  Privies 
will  not  be  accepted.  Cellar  water-closets  not  permitted  except 
where  supplementary  to  accommodations  herein  required. 

Access  to  water-closet  compartments  to  be  from  hall  or  vesti- 
bule, never  solely  from  a  room.  Plunger,  pan,  long-hopper,  and 
range  closets  will  not  be  accepted. 

Hot  and  cold  water  to  be  provided  to  all  fixtures,  with  proper 
drains  and  shut-ofTs.  Wooden  sinks  and  wash  trays  will  not  be 
accepted. 

All  fixtures  to  be  separately  trapped  except  in  batteries  of 
wash  trays  and  combined  sink  and  wash  tray,  where  one  trap  is 
sufficient. 

Venting  of  traps  to  conform  to  approved  practice,  except  that 
the  back  venting  of  the  top  or  only  fixture  on  a  line  is  not  required. 
Sink  and  lavatory  traps  to  be  connected  direct  to  the  vertical 
wastes,  and  not  to  floor  branches.  Exposed  pipes  preferred,  and, 
when  exposed,  wrought  iron  preferred.  Where  possible,  lines  to  be 
concentrated  and  kept  from  outside  walls. 

12.  PORCHES. — Desirable.     To  be  of  durable-  construction, 
particularly  the  foundations;  to  be  restricted  from  encroaching  on 
minimum  side  yard  or  unduly  darkening  rooms. 

13.  REAR  ENTRANCES. — In  the  case  of  row  or  group  houses 
there  may  be  access  to  the  rear  through  minor  one-way  public 
streets.    Such  streets  to  be  not  less  than  12  feet  wide;  to  be  prop- 
erly paved,  curbed,  drained,  and  lighted.    Private  alleys  will  not  be 
accepted. 

14.  ROOF  AIR  SPACE. — In  every  house  there  shall  be  a  mini- 
mum clear  space  of  8  inches  between  the  ceiling  and  the  roof;  this 

362 


STANDARDS    OF    THE    FEDERAL    GOVERNMENT 

space  to  be  provided  with  adequate  waterproof  openings  for  venti- 
lation, at  both  ends  if  practicable. 

15.  ROOMS,  NUMBER  OF. — Bathrooms  are  not  to  be  counted 
as  rooms. 

1 6.  STAIRS. — Risers  to  be  not  more  than  8  inches  high  and 
treads  to  be  not  less  than  9  inches  wide.    Winding  stairs  will  not  be 
accepted  except  in  types  i,  2,  and  3.    Not  more  than  2  winders  will 
be  allowed  in  series.    Treads  must  measure  at  least  9  inches  wide 
1 8  inches  from  rail. 

17.  VENTILATION. — Every  room  to  have  at  least  one  window 
opening  directly  to  the  outer  air.    Two  windows  in  each  room  gen- 
erally preferred;  one  window  sufficient  in  small  bedrooms.    Each 
room  to  have  a  window  area  of  not  less  than  12  square  feet. 

Cross  ventilation  as  direct  as  possible  to  be  provided  for  all 
rooms  through  windows,  transoms,  or  doors;  communicating  door 
recommended  between  front  and  rear  bedrooms  in  row  houses. 

Every  bathroom  to  have  window  of  not  less  than  6  square, 
feet  in  area  opening  directly  to  the  outer  air. 

Every  water-closet  compartment  to  have  a  window  of  not  less 
than  4^/2  square  feet  in  area  opening  directly  to  the  outer  air.  A 
skylight  in  the  roof,  with  an  equal  amount  of  glass  area  and  pro- 
vided with  adequate  ventilators,  will  be  accepted  in  lieu  of  such 
window,  but  skylights  are  not  desirable. 

1 8.  WINDOWS. — Minimum  area  to  be  measured  between  stop 
beads.    Window  head  to  be  as  near  ceiling  as  practicable.    Win- 
dows may  be  double-hung,  pivoted,  or  casement.    If  double-hung, 
upper  and  lower  sash  to  be  the  same  size.    In  cities  with  soft-coal 
smoke  nuisance,  minimum  area  to  be  increased. 

Window  frames  to  be  designed  to  accommodate  screens  and 
outside  shutters.  In  cold  climates,  weather  strips  are  recommended. 

II.  SPECIAL  PROVISIONS  FOR  TYPES  i,  2,  AND  3 

In  addition  to  complying  with  all  general  provisions,  types  i,  2,  and  3  are  to  comply 
with  the  following  special  provisions. 

Type  i .  Single-family  house. 

Type  2.  Two-family  house.  (" Two-flatter,"  one  family  up- 
stairs, one  down.  For  " double  house,"  see  "single-family  house, 
semidetached.") 

363 


A   MODEL   HOUSING    LAW 

Type  3.  Single-family  house  with  rooms  for  not  more  than 
three  lodgers  or  boarders. 

1 .  ARRANGEMENT. — Types  i  and  3  not  to  be  over  2>^  stories 
high.    Type  2  not  to  be  over  2  stories  high. 

When  detached  or  semidetached,  types  i ,  2,  and  3  normally 
not  to  be  over  3  rooms  deep;  when  in  rows  or  groups,  not  to  be 
over  2  rooms  deep  except  that  the  end  house  of  row  may  be  3  rooms 
deep. 

2.  CELLAR. — To  be  well  lighted,  cross  ventilated,  dry,  and 
paved  or  cemented.     Minimum  clear  height  under  joists,  6  feet 
6  inches.    When  hot-air  furnaces  are  used,  minimum  height  7  feet. 
Cellar  not  essential  under  whole  house.     Where  climatic  or  soil 
conditions  make  cellar  inadvisable  it  may  be  omitted,  in  which  case 
adequate  provision  is  to  be  made  for  storing  fuel.    Where  cellar  is 
omitted,  house  to  be  set  up  on  masonry  piers  or  walls  2  feet  clear 
from  ground;   space  to  be  drained,  inclosed,  and  ventilated. 

3.  GROUPING. — Single-family  houses  of  the  more  expensive 
type  preferably  to  be  detached  houses,  but  may  be  semidetached 
or  even  attached  in  rows  or  groups.     In  other  cases  where  land 
values  permit,  detached  or  semidetached  are  desirable;  otherwise 
attached  in  rows  or  groups. 

4.  HEATING. — Provision  to  be  made  for  heating  houses.     If 
not  otherwise  heated,  bathroom  to  be  heated  from  kitchen  stove. 

5.  MATERIALS  OF  EXTERIOR. — Brick,  terra  cotta,  stone,  or 
concrete  preferred;    but  wood  frame  clapboarded,   shingled,  or 
stuccoed  permitted  for  detached  or  semidetached  houses  not  over 
2^2  stories  high.    Party  walls  to  be  of  brick,  terra  cotta,  stone,  or 
concrete. 

6.  PLUMBING. — Bathtub  (shower  is  not  sufficient). 
Lavatory,  to  be  preferably  in  bathroom. 

Sink  to  be  in  kitchen;  rim  36  inches  above  floor. 

Washtubs  with  covers,  preferably  two,  rim  36  inches  above 
floor,  to  be  set  in  kitchen  or  in  well-lighted,  dry,  and  ventilated 
cellar. 

Water-closet  to  be  inside  the  house  in  well-lighted  and  venti- 
lated compartment,  with  window  of  4^  square  feet  minimum  area 
to  outer  air,  and  preferably  with  impervious  floor  not  of  concrete. 

7.  ROOMS,  HEIGHT  OF. — Minimum,  8  feet. 

364 


STANDARDS    OF    THE    FEDERAL    GOVERNMENT 

Sloping  ceilings  and  "  knee  walls"  will  be  accepted  only  under 
the  following  conditions:  Roof  space  above  flat  portion  of  ceiling 
to  be  of  ample  size  and  adequately  ventilated;  spaces  between 
rafters  of  sloping  portion  to  be  adequately  ventilated  into  roof 
space;  bedroom  to  have  greater  window  area  and  better  cross  ven- 
tilation than  the  minimum  permissible  for  a  standard  flat-ceiling 
room ;  bedroom  to  have  a  minimum  height  of  8  feet  over  an  area  of 
at  least  40  square  feet  with  a  minimum  flat-ceiling  width  of  3^  feet, 
and  a  clear  height  of  not  less  than  6  feet  over  an  area  of  at 
least  80  square  feet  with  a  minimum  width  of  7  feet. 

8.  ROOMS  IN  ATTIC. — As  a  rule,  in  2>^-story  houses,  only  one 
bedroom  to  be  provided  in  the' attic. 

9.  ROOMS,  NUMBER  AND  USE  OF. — In  types  i  and  2:    For 
higher-paid  workers,  five-room  type  preferred,  with  parlor,  large 
kitchen,  3  bedrooms,  and  bathroom.    Dining  room  and  kitchenette 
may  be  provided  in  place  of  the  large  kitchen.    Four-room  type  to 
be  provided  sparingly  for  higher-paid  workers.     Six-room  type, 
with  4  bedrooms,  or  3  bedrooms  and  parlor  convertible  into  fourth 
bedroom,  suited  for  abnormally  large  families  only,  and  should  be 
provided  sparingly.    Six-room  type  should  normally  have  parlor, 
dining  room,  kitchen,  3  bedrooms,  and  bathroom. 

For  lower-paid  workers,  four-room  type  desirable,  with 
parlor,  kitchen,  2  bedrooms,  and  bathroom. 

Any  house  having  more  than  seven  rooms  to  be  treated  as 
type  3. 

In  type  3,  in  addition  to  family  quarters  indicated  above, 
single  rooms  for  lodgers  to 'be  provided.  In  addition  to  the  family 
water-closet  accommodations,  a  water-closet  compartment  con- 
taining lavatory  to  be  provided  for  the  sole  use  of  the  lodgers. 
Lodgers  to  have  access  to  their  bedr6oms  and  to  their  water-closet 
compartment  without  going  through  rooms  designed  for  use  of 
family. 

10.  ROOMS,  SIZE  OF. — One  large  bedroom  to  be  provided,  size 
10  by  12  to  12  by  14  feet. 

Small  bedrooms,  minimum  area,  80  square  feet;  minimum, 
width,  7  feet. 

Parlor,  10  by  12  to  12  by  14  feet. 
Dining  room,  9  by  12  to  12  by  14  feet. 

365 


A    MODEL    HOUSING    LAW 

Kitchen  (where  there  is  no  separate  dining  room),  10  by  12 
to  12  by  14  feet. 

Kitchenette  (only  where  there  is  a  separate  dining  room), 
minimum  width,  6  feet;  minimum  area,  70  square  feet. 

III.  SPECIAL  PROVISIONS  FOR  TYPES  4  AND  5 

In  addition  to  complying  with  all  general  provisions,  types  4  and  5  must  comply 
with  the  following  special  provisions. 

Type  4.  Lodging  house  for  men. 
Type  5.  Hotel  for  men. 

1.  ARRANGEMENT. — Provision  to  be  made  for  75   men  or 
more.    Height  limited  to  4  stories'  except  in  large  cities. 

2.  CELLAR. — Minimum  height,  7  feet;    to  be  well  lighted, 
cross  ventilated,  dry,  and  paved  or  cemented.    Cellar  not  essential 
under  whole  building.    Where  omitted,  building. to  be  set  up  on 
masonry  piers  or  walls  2  feet  clear  from  ground;    space  to  be 
drained,  inclosed,  and  ventilated. 

3.  FIRE  PROTECTION. — If  over  4  stories  high,  to  be  fireproof 
throughout.     If  over  3  stories  high,  first-floor  construction  to  be 
fireproof. 

If  over  2  stories  high,  a  nonfireproof  building  the  area  of 
which  exceeds  approximately  3,000  square  feet  to  be  divided  by 
fire  walls  of  brick,  terra  cotta,  stone,  or  concrete  into  areas  not  ex- 
ceeding approximately  3,000  square  feet  each.  All  openings  in 
such  walls  to  be  provided  with  fireproof  self-closing  doors. 

Adequate  means  of  egress  to  be  provided  to  street  or  yard  by 
an  additional  flight  of  stairs,  or  by  fire  tower  or  stair  fire  escape 
(fire  escape  less  desirable).  All  such  additional  means  of  egress  to 
be  remote  from  the  main  stairs  and  separated  therefrom  and  from 
the  other  parts  of  the  building*  by  walls  of  brick,  terra  cotta,  stone, 
or  concrete,  with  fireproof  self-closing  doors  at  all  openings.  Such 
additional  means  of  egress  to  be  so  located  that  no  room  shall  be 
more  than  40  feet  from  a  means  of  egress.  All  main  egress  doors 
to  swing  out. 

All  stairs  and  stair  halls  to  be  not  less  than  3  feet  wide  in  the 
clear  and  to  be  inclosed  in  walls  of  brick,  terra  cotta,  stone,  or  con- 
crete, with  fireproof  self-closing  doors  at  all  openings.  All  doors  to 
stair  halls  to  swing  into  stair  hall  without  obstructing  free  passage. 

366 


STANDARDS    OF    THE    FEDERAL    GOVERNMENT 

Dumb-waiters  and  elevators  will  not  be  accepted  in  stair 
inclosure;  they  should  be  inclosed  in  fireproof  shafts  with  fireproof 
doors,  those  for  dumb-waiters  to  be  self-closing.  I  nside  cellar-stairs 
to  be  inclosed  with  walls  of  brick,  terra  cotta,  stone,  or  concrete, 
with  self-closing  fireproof  doors.  Standpipes  with  hose  reels  on 
each  floor  to  be  so  located  that  any  point  can  be  reached  with  75 
feet  of  hose. 

4.  HEATING. — Except  where  connected  with  a  central  plant, 
provision  to  be  made  for  independent  heating. 

5.  MATERIALS  OF  EXTERIOR. — To  be  brick,  terra  cotta,  stone, 
or  concrete,  except  that  wood  frame  will  be  accepted  for  one- 
story  buildings. 

6.  PLUMBING. — Minimum  provision:    One  water-closet  per 
12  men;   one  urinal  per  16  men;    one  lavatory  per  8  men;    one 
shower  per  10  men;   one  bathtub  per  floor,  provided  there  is  not 
less  than  one  per  50  men.    Ratio  to  be  increased  where  there  are 
less  than  50  men  per  floor.    Floor  and  base  of  toilet  rooms  to  be 
waterproof  not  of  concrete.     Sufficient  water-closets  to  be  pro- 
vided in  the  cellar  or  basement  for  the  accommodation  of  engineers, 
firemen,  and  laundry  workers. 

7.  ROOMS,  H EIGHT  OF. — Height  for  public  rooms,  9  to  1 2  feet ; 
minimum  for  bedrooms,  8  feet. 

8.  ROOMS,  NUMBER  AND  USE  OF. — Each  lodger  to  have  sepa- 
rate room.    Two-men  rooms  not  permitted.    (Cubicles  and  dwarf 
partitions  will  not  be  accepted.) 

Each  floor  to  have  a  general  bathroom  containing  required 
showers,  tub,  and  lavatories.  Each  floor  also  to  have  a  general 
toilet  room  containing  required  water-closets  and  urinals.  Each  of 
the  two  rooms  to  have  windows  opening  directly  to  the  outer,  air, 
and  to  be  separate  but  adjoining  and  communicating.  Service 
closets  with  slop  sinks  and  space  for  brooms  and  pails  to  be  pro- 
vided on  each  floor. 

Smoking  room,  reading  room,  billiard  room,  physician's 
room,  laundry  for  washing  clothes,  superintendent's  office  and  ade- 
quate quarters  for  superintendent  to  be  provided.  Unless  pro- 
vided elsewhere  in  the  community,  bowling  alleys  to  be  in  base- 
ment. 

Hotel  (type  5)  also  to  have  dining  room  and  cafeteria  with 

367 


A    MODEL    HOUSING    LAW 

outside  access  thereto,  and  with  pantry,  service  rooms,  kitchen, 
and  toilet  facilities  for  men  and  women  employees.  An  additional 
general  toilet  room  is  to  be  provided  conveniently  accessible. 

9.  ROOMS,  SIZE  OF. — Single  bedrooms  to  have  a  minimum 
area  of  70  square  feet  and  minimum  width  of  7  feet. 

10.  VENTILATION. — Bedroom  doors  preferably  to  be  placed 
opposite  each  other  and  to  have  transoms  or  slat  panels. 

1 1 .  WINDOWS. — One  window  in  each  room  to  have  minimum 
area  of  12  square  feet  between  stop  beads. 

IV.  SPECIAL  PROVISIONS  FOR  TYPES  6  AND  7 

In  addition  to  complying  with  all  general  provisions,  types  6  and  7  must  comply 
with  the  following  special  provisions. 

Type  6.  Lodging  house  for  women. 
Type  7.  Hotel  for  women. 

1.  ARRANGEMENT. — Provision  to   be  made  for   75   to    150 
women  (with  less  than  75  the  unit  is  not  economical;   with  more 
than  150  there  are  difficulties  in  management  and  supervision). 

Height  limited  to  4  stories,  except  in  large  cities. 

2.  CELLAR. — Minimum  height,  7  feet;    to  be  well  lighted, 
cross  ventilated,  dry,  and  paved  or  cemented.    Cellar  not  essential 
under  whole  building.    Where  omitted,  building  to  be  set  up  on 
masonry  piers  or  walls  2  feet  clear  from  ground;    space  to  be 
drained,  inclosed,  and  ventilated. 

3.  FIRE  PROTECTION. — If  over  4  stories  high,  to  be  fireproof 
throughout.     If  over  3  stories  high,  first-floor  construction  to  be 
fireproof. 

If  over  2  stories  high,  a  nonfireproof  building  the  area  of  which 
exceeds  approximately  3,000  square  feet  to  be  divided  by  fire  walls 
of  brick,  terra  cotta,  stone,  or  concrete  into  areas  not  exceeding 
approximately  3,000  square  feet.  All  openings  in  such  walls  to  be 
provided  with  fireproof  self-closing  doors.  Adequate  means  of 
egress  to  be  provided  to  street  or  yard  by  an  additional  -flight  of 
stairs,  or  by  fire  tower  or  stair  fire  escape  (fire  escape  less  desirable). 
All  such  additional  means  of  egress  to  be  remote  from  the  main 
stairs  and  separated  therefrom  and  from  other  parts  of  the  building 
by  walls  of  brick,  terra  cotta,  stone,  or  concrete,  with  fireproof  self- 
closing  doors  at  all  openings.  Such  additional  means  of  egress  to 

368 


STANDARDS    OF    THE    FEDERAL    GOVERNMENT 

be  so  located  that  no  room  shall  be  more  than  40  feet  from  a  means 
of  egress.  All  main  egress  doors  to  swing  out. 

All  stairs  and  stair  halls  to  be  not  less  than  3  feet  wide  in  the 
clear  and  to  be  inclosed  in  walls  of  brick,  terra  cotta,  stone,  or  con- 
crete, with  fireproof  self-closing  doors  at  all  openings.  All  doors  to 
stair  halls  to  swing  into  stair  hall  without  obstructing  free  passage. 

Dumb-waiters  and  elevators  will  not  be  accepted  in  stair 
inclosure;  they  should  be  inclosed  in  fireproof  shafts  with  fireproof 
doors,  those  for  dumb-waiters  to  be  self-closing.  Inside  cellar  stairs 
to  be  inclosed  with  walls  of  brick,  terra  cotta,  stone,  or  concrete, 
with  self-closing  fireproof  doors.  Standpipes  with  hose  reels  on 
each  floor  to  be  so  located  that  any  point  can  be  reached  with  75 
feet  of  hose. 

4.  HEATING. — Except  where  connected  with  a  central  heating 
plant,  provision  to  be  made  for  independent  heating. 

5.  MATERIALS  FOR  EXTERIOR. — To  be  of  brick,  terra  cotta, 
stone,  or  concrete,  except  that  wood  frame  will  be  accepted  for  one- 
story  buildings. 

6.  PLUMBING. — Minimum  provision:    One  water-closet  per 
10  women,  one  lavatory  per  6  women,  one  body  shower  per  10 
women,  one  bathtub  per  25  women.    Ratio  to  be  increased  where 
there  are  less  than  50  women  per  floor.    Floor  and  base  of  toilet 
rooms  waterproof,  not  of  concrete.    Dwarf  partitions  between  lava- 
tories to  extend  at  least  6  feet  above  the  floor  and  have  curtains. 
Sufficient  water-closets  to  be  provided  in  the  cellar  or  basement 
for  the  accommodation  of  engineers,  firemen,  and  laundry  workers. 

7.  ROOMS,  HEIGHT  OF. — Height  for  public  rooms,  9  to  12 
feet;   minimum  for  bedrooms,  8  feet. 

8.  ROOMS,  NUMBER  AND  USE  OF. — Each  lodger  to  have  sepa- 
rate room.    (Cubicles  and  dwarf  partitions  will  not  be  accepted.) 
Rooms  for  two  women  not  permitted.    Each  floor  to  have  a  gen- 
eral bathroom  containing  required  body  showers,  tub,  and  lava- 
tories.   Each  floor  also  to  have  a  general  toilet  room  containing  re- 
quired water-closets.     Each  of  these  two  rooms  to  have  windows 
opening  directly  to  the  outer  air,  and  to  be  separate,  but  adjoining 
and  communicating.    Service  closet,  with  slop  sink  and  space  for 
brooms  and  pails  to  be  provided  on  each  floor. 

First  floor  to  have  matron's  office  so  placed  as  to  oversee  the 
24  369 


A    MODEL    HOUSING    LAW 

single  entrance  and  access  to  sleeping  quarters;  to  have  reception 
parlors  or  alcoves  (one  for  every  20  women),  or  large  parlor  with 
furniture  arranged  for  privacy  in  conversation;  also  assembly  hall 
with  movable  partitions  and  set  stage. 

Kitchenette,  sitting  room,  and  sewing  room  to  be  provided  on 
at  least  alternate  room  floors.  Matron's  quarters,  physician's 
room,  and  infirmary,  laundry  in  which  lodgers  can  wash  their 
clothes,  and  trunk  room  to  be  provided. 

Hotel  (type  7)  also  to  have  dining  room  and  cafeteria,  with 
outside  access  thereto,  with  pantry,  service  rooms,  kitchen,  and 
toilet  facilities  for  employees.  An  additional  toilet  room  is  to  be 
provided  conveniently  accessible. 

9.  ROOMS,  SIZE  OF. — Single  bedrooms  to  have  a  minimum 
area  of  70  square  feet  and  minimum  width  of  7  feet. 

10.  VENTILATION. — Bedroom  doors  preferably  to  be  placed 
opposite  each  other,  and  to  have  transoms  or  slat  panels. 

1 1.  WINDOWS. — One  window  in  each  room  to  have  minimum 
area  of  12  square  feet  between  stop-beads. 

V.  SPECIAL  PROVISIONS  FOR  TYPE  8 

Type  8.  Tenement  house  (including  flats,  or  apartments),  a 
building  occupied  in  whole  or  in  part  by  three  or  more  families. 

Tenement  and  apartment  houses  are  considered  generally  un- 
desirable and  will  be  accepted  only  in  cities  where,  because  of  high 
land  values,  it  is  clearly  demonstrated  that  single  and  two-family 
houses  can  not  be  economically  provided,  or  where  there  is  in- 
sistent local  demand  for  this  type  of  multiple  housing.  In  any  case, 
they  will  be  accepted  only  where  the  Bureau  of  Industrial  Housing 
and  Transportation  is  convinced  that  local  conditions  require  or 
justify  their  use.  They  must  conform  in  general  to  local  building 
ordinances,  to  the  general  provisions  of  these  standards,  and  to 
other  special  provisions  to  be  issued  by  the  Bureau  of  Industrial 
Housing  and  Transportation. 

VI.  SPECIAL  PROVISIONS  FOR  TYPE  9 

In  addition  to  complying  with  all  general  provisions,  buildings  of  type  9  must 
comply  with  the  following  special  provisions. 

Type  9.  Boarding  house.  Where  more  than  3  and  less  than- 
25  rooms  for  lodgers  are  provided,  building  to  be  classed  as  board- 

370 


STANDARDS   OF   THE    FEDERAL   GOVERNMENT 

ing  house.     If  3  lodgers  or  less,  building  to  be  classed  as  type  3; 
if  25  or  more,  to  be  classed  as  type  4,  5,  6,  or  7. 

1 .  ACCESS. — Lodgers  to  have  access  to  their  bedrooms-and  to 
their  water-closet  compartments  and  bathrooms  without  going 
through  rooms  designed  for  use  of  family.    Separate  outside  en- 
trance for  lodgers  recommended. 

2.  ARRANGEMENT. — Not  to  be  over  3  stories  high.    Not  to 
be  over  2  rooms  deep,  except  that  the  end  house  of  rows  may  be 
3  rooms  deep. 

3.  CELLAR. — To  be  well  lighted,  cross  ventilated,  dry,  and 
paved  or  cemented.     Minimum  clear  height  under  joists,  7  feet. 
Cellar  not  essential  under  whole  house;  where  omitted,  house  to  be 
set  up  on  masonry  piers  or  walls  2  feet  clear  from  ground;  space  to 
be  drained,  inclosed,  and  ventilated. 

4.  FIRE  PROTECTION. — If  frame,  not  to  be  over  2  stories  high. 
If  over  2  stories  high,  adequate  means  of  egress  to  be  provided  to 
street  or  yard  by  an  additional  flight  of  stairs,  or  by  fire  tower  or 
stair  fire  escape  (fire  escape  least  desirable).    All  such  additional 
means  of  egress  to  be  remote  from  the  main  stairs  and  separated 
therefrom  and  from  the  other  parts  of  the  building  by  walls  of 
brick,  terra  cotta,  stone,  or  concrete,  with  fireproof  self-closing 
doors  at  all  openings.    Such  additional  means  of  egress  to  be  so 
located  that  no  room  shall  be  more  than  40  feet  from  a  means  of 
egress. 

All  stairs  and  stair  halls  to  be  not  less  than  3  feet  wide  in  the 
clear  and  to  be  inclosed  in  walls  of  brick,  terra  cotta,  stone,  or  con- 
crete, with  fireproof  self-closing  doors  at  all  openings. 

Dumb-waiters  and  elevators  will  not  be  accepted  in  stair  in- 
closure;  they  should  be  inclosed  in  fireproof  shafts  with  fireproof 
doors,  those  for  dumb-waiters  to  be  self-closing. 

5.  HEATING. — Except  where  connected  with  a  central  plant, 
provision  to  be  made  for  independent  heating. 

6.  MATERIALS  OF  WALLS. — Brick,  terra  cotta,  stone,  or  con- 
crete preferred,  but  wood  frame  clapboarded,  shingled,  or  stuccoed 
permitted  for  detached  or  semidetached  houses  not  over  2  stories 
high. 

7.  PLUMBING. — Family  living  quarters  to  have: 
Bathtub  (shower  is  not  sufficient). 


A    MODEL    HOUSING    LAW 

Lavatory,  to  be  preferably  in  bathroom. 

Sink  to  be  in  kitchen;  rim  36  inches  above  floor. 

Washtubs  with  covers,  preferably  two,  rim  36  inches  above 
floor,  to  be  set  in  kitchen  or  in  well-lighted,  dry,  and  ventilated  cellar. 

Water-closet  to  be  inside  the  house  in  well  lighted  and  venti- 
lated  compartment,  with  window  of  4^  square  feet  minimum  area 
to  outer  air,  and  preferably  with  impervious  floor  not  of  concrete. 

In  addition  to  above,  a  water-closet  compartment  containing 
lavatory  to  be  provided  for  the  sole  use  of  the  lodgers.  Floor  and 
base  of  toilet  rooms  to  be  waterproof,  not  of  concrete. 

The  following  minimum  provisions  to  be  made: 

For  men,  i  bathtub  per  24  lodgers,  i  water-closet,  and  i  lava- 
tory per  8  lodgers,  i  shower  per  10  lodgers;  for  women,  i  bathtub 
per  1 6  lodgers,  i  body  shower  per  10  lodgers,  i  lavatory  per  5 
lodgers,  i  water-closet  per  8.  lodgers.  Dwarf  partitions  between 
lavatories  for  women  to  extend  at  least  6  feet  above  the  floor  and 
have  curtains. 

8.  ROOMS,  HEIGHT  OF. — Minimum,  8  feet. 

9.  ROOMS  IN  ATTIC. — No  lodgers'  rooms  in  attic  accepted. 

10.  ROOMS,  NUMBER  AND  USE  OF. — Each  lodger  to  have  sep- 
arate room.    Rooms  for  two  lodgers  not  permitted.    (Cubicles  and 
dwarf  partitions  will  not  be  accepted.)     Building  to  contain  more 
than  3  and  less  than  25  rooms  for  lodgers.     In  addition  to  living 
quarters  for  one  family,  lodgers'  bathrooms  and  toilet  rooms  con- 
taining showers,  tubs,  lavatories,  and  water-closets  to  be  provided; 
preferably,  bathroom  containing  showers,  tub,  and  lavatories  to  be 
separate  but  adjoining  and  communicating  with  water-closet  com- 
partment.   One  of  each  such  rooms  preferably  on  each  floor.    Each 
of  these  two  rooms  to  have  windows  opening  directly  to  the  outer 
air.    Lodgers  to  have  a  common  room,  also  dining  room;  the  latter 
to  be  located  near  family  kitchen;   the  common  room  to  be  con- 
veniently accessible  from  the  outside. 

1 1 .  ROOMS,  SIZE  OF. — Single  bedrooms  for  lodgers  to  have  a 
minimum  area  of  70  square  feet  and  minimum  width  of  7  feet. 
Size  of  common  room  and  dining  room  each  to  be  proportionate  to 
the  number  of  boarders. 

12.  VENTILATION. — Bedroom  doors  preferably  to  be  placed 
opposite  each  other  and  to  have  transoms  or  slat  panels. 

372 


vnr 

ZONING 


ZONING 

THE  earlier  edition  of  this  book  contained  a  section  provid- 
ing for  the  establishment  of  residence  districts  in  a  commu- 
nity by  a  simple  method  through  which  the  majority  of  the 
property  owners  in  the  district  affected,  petitioned  the  local 
authorities  for  the  establishment  of  such  a  district. 

Since  the  first  edition  was  published  in  1914  much  has  hap- 
pened in  America  in  the  progress  of  the  movement  for  the  Zoning 
or  Districting  of  cities.  Until  a  few  years  ago  some  lawyers  be- 
lieved that  the  courts  would  not  sustain  laws  which  imposed  dif- 
ferent requirements  as  to  height  and  use  of  buildings  and  size  of 
open  spaces  in  different  parts  of  the  same  city;  for,  this  is  in 
essence  what  Zoning  does.  With  the  decision  of  the  United  States 
Supreme  Court  in  the  famous  Hadacheck  case  (239  U.  S.  394)  the 
whole  question  has  been  put  on  a  different  basis.  There  is  now  no 
shadow  of  doubt  as  to  the  legal  validity  of  laws  of  this  kind;  for, 
the  Court  of  last  resort  has  affirmed  in  unmistakable  terms  the 
propriety  of  such  legislation  as  a  legitimate  exercise  of  the  police 
power  of  the  State. 

Since  the  enactment  of  the  New  York  City  Law  in  1916,  the 
states  of  California,  Illinois,  Iowa,  New  Jersey  and  New  York 
have  passed  general  laws  permitting  their  cities  to  adopt  Zoning 
schemes,  and  Oakland  and  Fresno  in  California,  Philadelphia,  Mil- 
waukee, Newark,  Jersey  City,  Rochester,  N.  Y.,  Niagara  Falls, 
Detroit,  Omaha,  and  St.  Louis  have  appointed  Commissions  to 
work  out  such  plans. 

The  following  cities  have  either  adopted  Zoning  Regulations 
or  are  at  work  upon  them:  Berkeley,  Los  Angeles,  Milwaukee, 
Minneapolis,  Newark,  New  York,  Omaha,  Ottawa,  Philadelphia, 
Sacramento,  St.  Louis,  and  Washington,  D.  C. 

It  is  thus  seen  that  a  number  of  cities  and  states  have  adopted 

375 


A    MODEL    HOUSING    LAW 

Zoning  ordinances.  Under  these,  the  cities  have  been  divided  in 
some  cases  into  very  minute  districts  in  which  different  regulations 
exist  as  to  the  heights  of  buildings  and  their  use,  viz.,  whether  for 
residence  purposes  or  factory  purposes  or  for  business  purposes, 
etc. ;  in  some  cases  also  as  to  size  of  open  spaces  and  percentage  of 
lot  that  may  be  occupied. 

Such  ordinances  when  adopted  have  invariably  been  only  as 
a  result  of  careful  and  minute  painstaking  inquiry  through  a  year 
or  more  by  a  local  Commission  which  has  gone  into  the  question  of 
local  values  with  the  very  greatest  care;  for,  naturally  in  setting 
boundaries  of  this  kind  and  forbidding  the  use  of  property  for  cer- 
tain purposes  outside  of  such  boundaries  it  is  essential  that  the 
boundaries  should  be  fixed  only  upon  the  most  accurate  knowledge 
of  conditions  and  tendencies. 

For  these  reasons  with  the  general  coming  into  vogue  of 
Zoning  laws,  it  has  seemed  better  to  omit  from  the  text  of  the 
Model  Housing  Law  in  this  edition  the  section  for  the  establishment 
of  residence  districts. 

It  may  be,  however,  that  there  are  some  communities  which, 
though  not  yet  ready  for  a  complete  Zoning  law,  would  be  greatly 
advantaged  by  the  power  to  establish  Residential  Districts.  For 
the  benefit  of  these  communities  it  has  been  thought  wise  to  append 
to  this  chapter  the  provisions  for  the  establishment  of  Residential 
Districts  (Section  9,  Model  Law — ist  edition).  It  is  suggested 
that  this  be  added  to  the  Model  Law  as  Section  1 1  and  change  the 
numbers  of  Section  1 1  and  12  to  12  and  13.  It  is  as  follows: 

§n.  RESIDENCE  DISTRICTS. l  Whenever  the  owners  of 
record  of  two  thirds  or  more  of  the  linear  frontage  of  one 
side2  or  street-frontage  of  any  block  shall  by  written  peti- 
tion to  the  common  council  duly  signed  and  acknowledged, 
ask  that  such  side  or  street-frontage  of  said  block  be  desig- 
nated as  a  "residence  district,"  and  the  common  council 
shall  approve  of  such  petition,  such  side  or  street-frontage 
of  said  block  shall  thereupon  become  a  "residence  dis- 
trict," and  shall  continue  to  be  such  until  such  time  as  a 
like  petition  asking  that  such  side  or  street-frontage  of 
said  block  cease  to  be  a  "residence  district"  shall  be  pre- 


ZONING 

sented  to  the  common  council  and  be  approved  by  them. 
Except  as  otherwise  provided  in  section  thirty,  no  build- 
ing other  than  a  private-dwelling  or  two-family  dwelling3 
shall  hereafter  be  erected  or  altered  or  converted  to  be  so 
occupied  on  any  lot  abutting  on  such  street-frontage  so 
long  as  it  continues  to  be  a  "residence  district."  Such 
written  consents  shall  be  filed  in  the  health  department 
and  shall  be  public  records.  A  "block"  for  the  purposes 
of  this  section  is  a  property  division  containing  one  or 
many  lots  and  bounded  by  three  or  more  streets.5 

NOTE  i :  This  is  somewhat  novel  in  American  Explana- 
practice.  It  is  an  attempt  to  protect  residence  dis- 
tricts from  the  invasion  of  commercial  and  other 
non-residence  uses.  The  novel  feature  is  that  it  is 
done  by  statute  rather  than  by  covenant.  It  is  an 
attempt,  therefore,  to  apply  to  America  the  European 
practice  of  establishing  by  regulation  various  dis- 
tricts or  zones  for  different  purposes,  which  is  so 
vital  a  feature  of  most  intelligent  schemes  of  city 
planning.  The  plan  which  has  been  developed  is 
believed  to  be  especially  applicable  to  American  con- 
ditions. Its  chief  points  are: 

1.  The  request  for  restriction  of  use  arises  with 
the  owners  of   the   major   part  (two-thirds)  of   the 
property  affected  by  the  restriction. 

2.  It  provides  for  a  hearing  before  the  local  legis- 
lative  body,   thus  giving  every  citizen   his  day   in 
court,  and  requires  the  approval  of  the  local  authori- 
ties before  the  scheme  becomes  effective. 

3.  It  provides  a  flexible  scheme  by  which  the  re- 
strictions can  be  removed  at  any  time  by  the  same 
method  under  which  they  were  originally  established. 

4.  It  makes  the  unit  one  side  of  a  block  thus  limit- 
ing the  area  of  "betterment"  or  depreciation  to  reas- 
onable limits. 

5.  It  does  not  stand  in  the  way  of  the  commercial 
development  of  the  city  or  even  of  a  neighborhood  in 
view  of  the  smallness  of  the  unit  adopted.     It  permits 
business  on  one  side  of  a  street,  residences  on  the  other. 

6.  It  excludes  from  within  a  residence  district  those 
classes  of  buildings  which  can  be  readily  shown  to  be 
objectionable  to  the  occupants  of  a  residence  district 
and  to  affect  adversely  property  values. 

377 


A    MODEL    HOUSING    LAW 


NOTE  2:  The  diagram  below  shows  how  the  plan 
would  work  out. 

Taking  the  block  A  B  C  D,  let  us  assume  that  three 
sides  AB,  BC  and  CD  are  established  as  "residence 
districts";  the  remaining  side  AD,  located  on  an 
avenue  where  business  has  already  got  a  strong  foot- 
hold and  where  business  buildings  are  the  only  prac- 
tical development,  is  not  made  a  residence  district. 

NOTE  3:  It  is  to  be  noted  that  under  this  section 
everything  is  excluded  from  a  residence  district  ex- 
cept private  dwellings  and  two-family  houses  and 
certain  rear  buildings  on  the  back  of  the  lot  used  in 
connection  with  them,  as  private  garages,  stables,  and 
so  forth.  (See  Section  30.)  But  no  public  garage  or 
public  stable,  no  apartment  house  or  tenement  house, 
no  factory,  loft,  office  building,  store  or  shop,  hotel  or 
church  can  be  erected  there  without  the  consent  of 
two-thirds  of  the  owners  affected. 


MAIN  ST. 


F 

P 
u 

A 

Bu 

SIN 

ES^ 

D 

1 

B 

C 

POPLAR 


£ESI  PENCE  PISTRICT 


FIGURE  76 


r 


There  is  a  point  of  danger  that  provisions  of  Zoning  laws  may 
establish  lower  standards  as  to  percentage  of  lot  that  may  be 
occupied,  as  to  limitation  of  height  and  as  to  size  of  courts,  rear 
yards,  side  yards  and  other  open  spaces;  for,  zoning  laws  fre- 
quently deal  with  these  latter  considerations.  For  this  reason 
Section  1 58  dealing  with  Laws  Repealed  has  been  so  worded  that 
where  there  is  conflict  between  the  standards  of  the  housing  law 
and  a  Zoning  regulation,  the  higher  standard  shall  always  prevail. 


ZONING 

In  some  cases  it  may  well  be  that  the  higher  standard  will  be 
found  in  the  Zoning  regulation,  whereas,  in  other  cases  it  will  be 
found  in  the  housing  law.  Under  the  scheme  outlined  in  Section 
1 58  no  matter  where  it  is  found,  the  higher  standard  will  always 
prevail. 

In  most  states  before  the  local  authorities  can  adopt  a  Zoning 
ordinance  or  regulation  it  is  necessary  to  obtain  power  from  the 
state  legislature.  While  it  may  be  in  some  states  that  a  specific 
grant  of  power  of  this  kind  is  not  needed,  it  is  the  part  of  wisdom 
to  obtain  it;  for,  the  right  to  adopt  regulations  discriminating  be- 
tween different  sections  of  a  city,  and  to  say  that  a  building  on 
one  street  may  be  used  as  a  factory  but  that  a  building  one  block 
away  cannot  be  so  used;  or  that  a  building  on  one  street  may  be 
erected  to  a  height  of  100  feet  while  one  only  a  block  away  may 
go  only  to  a  height  of  60  feet,  are  still  somewhat  novel  questions 
in  this  country. 

It  is  best  to  be  on  the  safe  side.  It  can  do  no  harm  to  get  a 
grant  of  power  to  do  this  specific  thing,  viz.,  to  discriminate  and 
provide  different  regulations  for  different  parts  of  the  same  city. 
For  this  reason  there  is  appended  herewith  a  Model  Zoning  Ena- 
bling Act.  It  is  practically  a  verbatim  copy  of  the  Enabling  Act 
passed  in  New  York  State  in  1917  based  upon  the  law  enacted 
originally  for  the  city  of  New  York  and  later  extended  to  the 
entire  state. 

Persons  seeking  Zoning  legislation  will  do  well  to  adhere 
closely  to  this  model.  While  it  has  not  as  yet  been  tested  in  court 
it  has  been  carefully  drawn  by  those  who  have  given  great  atten- 
tion to  the  subject  and  is  believed  to  be  adequate  in  all  respects. 


379 


A    MODEL    HOUSING    LAW 


ZONING  ENABLING  ACT 

AN  ACT 

To  empower  cities  to  regulate  and  limit  the  height  and  use  of 
buildings  and  -to  regulate  and  determine  the  size  and  area  of 
yards,  courts  and  other  open  spaces  and  for  said  purpose  to 
divide  the  city  into  districts. 

The  People  of  the  State  of represented  in 

Senate  and  Assembly,  do  enact  as  follows: 

Section  i .  Each  city  i-n  the  state  is  hereby  empowered  to  reg- 
ulate and  limit  the  height  and  bulk  of  buildings  hereafter  erected 
and  to  regulate  and  determine  the  area  of  yards,  courts  and  other 
open  spaces,  and  for  said  purpose  to  divide  the  city  into  districts. 
Such  regulations  shall  be  uniform  for  each  class  of  buildings 
throughout  any  district,  but  the  regulations  in  one  or  more  dis- 
tricts may  differ  from  those  in  other  districts.  Such  regulations 
shall  be  designed  to  secure  safety  from  fire  and  other  dangers  and 
to  promote  the  public  health  and  welfare,  including,  so  far  as  con- 
ditions may  permit,  provision  for  adequate  light,  air  and  conveni- 
ence of  access,  and  shall  be  made  with  reasonable  regard  to  the 
character  of  buildings  erected  in  each  district,  the  value  of  land  and 
the  use  to  which  it  may  be  put,  to  the  end  that  such  regulations 
may  promote  public  health,  safety  and  welfare  and  the  most 
desirable  use  for  which  the  land  of  each  district  may  be  adapted 
and  may  tend  to  conserve  the  value  of  buildings  and  enhance  the 
value  of  land  throughout  the  city. 

Section  2.  Each  city  is  also  empowered  to  regulate  and  re- 
strict the  location  of  trades  and  industries  and  the  location  of 
buildings,  designed  for  specified  uses,  and  for  said  purposes  to 
divide  the  city  into  districts  and  to  prescribe  for  each  such  district 
the  trades  and  industries  that  shall  be  excluded  or  subjected  to  spe- 
cial regulation  and  the  uses  for  which  buildings  may  not  be  erected 
or  altered.  Such  regulations  shall  be  designed  to  promote  the  pub- 

380 


ZONING 

lie  health,  safety  and  general  welfare  and  shall  be  made  with  rea- 
sonable consideration,  among  other  things,  to  the  character  of  the 
district,  its  peculiar  suitability  for  particular  uses,  the  conservation 
of  property  values  and  the  direction  of  building  development,  in 
accord  with  a  well  considered  plan. 

Section  3.  This  act  shall  take  effect  immediately. 


381 


INDEX 


INDEX 

SECTION  PAGE 

ABATEMENT 

of  nuisance,  procedure  for -194,  196,  229  234,  236,  271 

ACCESS 

sole,  through  bed  room  to  other  rooms 

forbidden 36  145 

street  to  yard 57  193 

to  bottom  of  shafts  and  courts 126  258 

to  fire-escapes,  obstruction  of,  for- 
bidden   52,  80,  127  184,  206,  258 

to  living  rooms,  bed  rooms,  and  water- 
closet  compartments 36  145 

to  plumbing  pipes 49,  78  173,  205 

to  roof  required 53,  129  187,  260 

to  second  means  of  egress  to  be  direct 5  i,  127  179,  258 

ACCESSIBILITY 

of  sewer  connections  and  water  sup- 
ply  9  65,  66 

ACCOMMODATIONS 

See  Waier-closet  Accommodations 

ACCUMULATIONS 

of  dirt,  etc.,  forbidden 101  220 

ACT 

•  application 12  68 

construction  of,  to  be  liberal 1 59  287 

scope  of i  27 

time  when.,  takes  effect 1 59  286 

See  also  Housing  Law,  Model 

ACTIONS 
costs  of 143,  144  269,  27 1 

ADDITIONAL  MEANS  OF  EGRESS 128  260 

ADDITIONAL  ROOMS  AND  HALLS 74  202 

ADDRESSES 

indexing  names  and 152  279 

AFFIDAVIT 

alleging  correctness  of  plans,  specifica- 
tions and  statements  shall  be  made 
by  owner,  agent  or  architect 140  263 

AGENT 

may  file  plans  for  owner 140  263 

owner's,  written  instrument  designating 140  263 

registry  of  name  of,  for  service  of  proc- 
ess  149  277 

25  385 


INDEX 


AIR-INTAKES 

AIR  MOVEMENT 

AIR-SHAFTS 
See  Shafts 

AIR  SPACE 

cubic  air  content 

in  rooms,  amount  required  . 
under  entrance  floor 

ALCOVES  AND  ALCOVE  ROOMS 
lighting  and  ventilation  of. 

ALLEY  DWELLINGS.. 


SECTION 

•27,  73 
31 


no 

76 

76 

29 

ALLEYS 

measurements  of  rear  yard  to  middle  line  of ....  22 

relation  to  rear  yard  requirements 22 

to  be  kept  clean 101 

ALTERATION 

of  buildings  erected  prior  to  act,  in 

violation  thereof,  forbidden 4 

of  buildings  into  dwellings 3 

of  dwellings  erected  subsequent  to  act, 

in  violation  thereof,  forbidden 4 

of  dwellings  for  store  purposes 29 

of  dwellings  of  one  class  to  dwellings  of 

another  class 3 

of  existing  wooden  multiple-dwelling 85 

ALTERATIONS 70-86 

and  change  in  occupancy 4 

before  approval  of  plans  forbidden 140 

must  be  in  accordance  with  approved 

plans  and  specifications 140 

of  old  dwellings 3 

permit  for,  cancellation  of 140 

permit  for,  expiration  by  limitation  of 140 

permit  necessary 140 

provisions  relating  to 70-86 

unlawful,  procedure  to  prevent 144 

AMENDMENT 

of   minimum    requirements    by    local 

authorities  forbidden 7 

AMENITIES 

use  of  term 24 

ANGLES  IN  COURTS 

ANIMALS 

keeping  of  certain,  in  dwelling  or  on 

premises  forbidden 106 

APARTMENT  HOTELS 

included  in  Class  A  multiple-dwellings 2  (3) 

APARTMENT  HOUSES 

height  limitation 21 

included  in  Class  A  multiple-dwellings 2  (3) 

386 


PAGE 
121,  201 

132,    134 


134 

229 
1 62 

141,  204 
141,  204 

128 

83 

220 


60 

57 

60 
127 

57 
207 

200-208 

60 

263 

263 

7>  58,  59 

263 

263 

200-208 

27 1 


62 

94,  no 
124 

22> 

34 

77,78 
34 


INDEX 

SECTION  PAGE 

APARTMENTS 

number  of,  to  be  registered  in  health 

department 148  276 

APPLICATION     . 

of  model  housing  law i  27 

APPROVAL 

for  alterations  or  construction,  cancel- 
lation of 140  263 

for  alterations  or  construction,  expira- 
tion by  limitation  of 140  263 

of  plans  and  specifications  by  health 

officer 140  .  263 

APPROVED  FIRE-RESISTIVE  MATERIAL 
definition 2  (20)  54 

AQUEDUCT 

definition - 2  (21)  57 

ARCHITECT 
may  file  plans  for  owner 140  263 

AREA 

floor,  of  rooms 33,  74  136,  202 

of  windows  in  basement  rooms 94  213 

in  interior  rooms 120  240 

in  public  halls 39,  75  1 56,  202 

in  rooms 32,  76,  120  135,  204,  240 

in  stair-halls 40,  75  1 57,  202 

in  water-closet  compartments  and 

bath  rooms 37,  76,  78  147,  204,  205 

AREAS 

to  be  concreted  if  required  .  .  . 45  164 

to  be  graded  and  drained 45  164 

to  be  kept  clean 101  220 

ARGUMENTS 

against  act 293 

ART  GALLERIES 

windows  in  rooms  used  for 31  132 

ASHES 

receptacles  for 105  223 

• 
ASYLUMS 

included  in  Class  B  multiple-dwellings 2  (3)  35 

ATTIC 

definition 2(13)  46 

rooms,  height  of 34  1 39 

AUTOMOBILE 
See  Garages 

BACHELOR  APARTMENTS 
included  in  Class  A  multiple-dwellings 2  (3)  34 

BALCONIES 
fire-escape 52,  80,  127  184,  206,  258 

387 


INDEX 


SECTION 
.51,    127 


PAGE 
179,   258 


BALCONY  FIRE-ESCAPES 
second  means  of  egress .  .  . 

BALUSTERS,  STAIR 
See  Stairs,  Construction  of 

BASE 
waterproof,  required  for  water-closet 

compartments 47,  78,  124  166,  205,  246 

BASEMENT 

and  cellar  rooms 94  213 

conditions    of    occupancy    for    living 

purposes 43,  94  161,  213 

definition . 2  (13)  46 

depth  of 44  162 

drainage  of 43,  44,  94,  125      161,  162,  213,  257 

floors;to  be  watertight 44,  125  162,  257 

height  of 44,  94  "62,  213 

lighting  and  ventilation  of 43,  44,  94  161,  162,  213 

rooms 43  1 6 1 

windows  in,  area  of 94  213 

BASEMENT;  CELLAR;  ATTIC 
definitions 2(13)  46 

BASEMENTS  AND  CELLARS 125  257 

BASINS 

See  Catch-basins 

BATH  ROOMS 

inside,  for  apartment  houses 37  1 50,  1 5 1 

inside,  for  hotels . 37  148,  149,  150 

lighting  and  ventilation  of 37,  76  147,  204 

BED  ROOM 

sole  access  to,  through  other  rooms 
forbidden 36  145 

BEDS 

ceiling 41  A  160 

closet 41  A  160 

folding 41  A  160 

BINS 
for  garbage,  prohibited 105  223 

BLOCK 
definition 377 

BOARDERS 
regulation  of ..in  230-233 

BOARDING  HOUSES 

included  in  Class  B  multiple-dwellings 2  (3)  34 

wooden 85  208 

BOLTS 

movable,  allowed  on  scuttles  and  bulk- 
heads  ; 129  261 

BOND 
not  necessary  for  health  department  to 

give.. 157  284 

388 


INDEX 

SECTION  PAGE 

BOSTON 

report  of  Mayor's  housing  commission 62  197 

"three-deckers"  in 62  196,  197 

BUILDING 

code,  amendment  of 11,12 

difference   between,   and    tenement 

house  law 1 1,  12,  13 

scope  of 11,12 

construction  of  word 2  (20)  54 

laws,  three  kinds  of ' 1 1 

line,  fire-escapes  may  project  beyond 52,  80  184,  206 

operations,  effect  of  act  on 293 

wooden,  definition 2(18)  52 

BUILDING  CODES,  TENEMENT  HOUSE 

LAWS  AND  HOUSING  LAWS 1 1-16 

BUILDINGS 

converted  or  altered 3  57 

converted    or  altered    into  dwellings, 

provisions  governing 20-62  71-196 

converted  or  altered  into  dwellings, 
subject  to  act  relative  to  new  dwell- 
ings  ...3  57 

dangerous,  proceedings  relative  to 1 12,  113  234,  236 

on  lot  with  dwelling,  certain  kinds  pro- 
hibited  29,  30  125,  126,  130 

repairs  to,  ordered  or  made  by  health 

officer 113  236 

space  between 29  125 

types  of,  included  in  housing  problem 13,  14,  1 5,  16 

BULKHEADS 82  207 

roof,  direct  access  to,  required 53,  129  187,  260 

fire-resistive 53,  82,  129  187,  207,  260 

key-locks  on,  to  be  removed 129  261 

locking  of  door  forbidden 115,  129  239,  261 

movable  bolts  or  hooks  allowed  on 129  261 

stairs  leading  to 53,  54,  8 1,  115,  129     187,  189,  207,  239, 

261 

to  be  easily  accessible  to  all  occu- 
pants   1 1 5,  1 29  239,  26 1 

to  be  kept  free  from  incumbrance 115,  129  239,  261 

to  be  located  in  ceiling  of  public  hall ...  53,  129  187,  261 
BUSINESSES 

dangerous 108  227 

unlawful,  procedure  to  prevent  con- 
duct of 144  271 

BUTLER'S  PANTRIES 

hardwood  floors  in 122  246 


CALF 

keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  225 

CASEMENT  SASH 2  (12)  46 

CATCH-BASINS 100  219 

389 


INDEX 

SECTION  PAGE 

CEILINGS 

cellar,  plastering  of 125  257 

cellar,  whitewashing  or  painting  of 95  215 

tieight  of   in  tropical  countries 34  139 

no  paper  to  be  placed  on,  until  old 

paper  is  removed 104  222 

roofs  to  be  drained  so  as  not  to  cause 

dampness  in 97  216 

to  be  cleaned  before  papering 104  222 

to  be  kalsomined  or  painted  white 103  222 

to  be  kept  clean 101  220 

CELLAR 

ceiling,  plastering  of 125  257 

ceiling,  whitewashing  or  painting  of 95  215 

definition 2  (13)  46 

depth  of 44  162 

elevator  shaft  in,  fire-resistive  doors  to.  ...  58,  84  193,  207 

entrance  to,  outside 61  196 

floors,  damp-proofing  and  water-proof- 
ing of 44,  125  162,  257 

general  toilet  room  in,  supplementary 
to  required  water-closets,  not  pro- 
hibited   92  211 

general    water-closet    accommodations 

in,  prohibited 92  211 

lighting  and  ventilation  of 44,  125  162,  257 

occupation  of,  for  living  purposes  pro- 
hibited  42,  94  161,  213 

rooms.. 42,  94,  125  161,  213,  257 

stairs  inside;  prohibited 59  194 

to  be  kept  clean 101  220 

walls  and  ceilings 95  215 

walls,  whitewashing  or  painting  of 95  215 

water-closets   in,    prohibited   without 

written  permit 47,  78,  92  166,  205,  21 1 

water-proofing  of 44,  125  162,  257 

CELLARS  AND  BASEMENTS 125  257 

CELLARS,  WATER-PROOFING  AND  LIGHT- 
ING  44  162 

CELLS  OF  JAIL 

size  of 33  136 

CERTAIN  DANGEROUS  BUSINESSES 108  227 

CERTIFICATE 

of  approval  of  plans  and  specifications 

to  be  issued 140  263 

CERTIFICATE  OF  COMPLIANCE 141  266 

dwellings  occupied  without,  to  be  va- 
cated   142  268 

to  be  obtained  before  occupation  of 

new  or  converted  dwellings 141  266 

390 


INDEX 

SECTION  PAGE 

CESSPOOLS 

prohibited 48,  124  172,  246 

sewer  connections 9  65 

substitution  of  water-closets  for 124  246 

CHANGES  FROM  FIRST  EDITION vii-x 

CHANGES  IN  THE  LAW vii 

CHARTER 

construction  of  word 2  (20)  53 

CHARTERS 

provisions  of  act  to  supersede  conflict- 
ing provisions  of 1 58  285 

CHAUFFEUR'S  QUARTERS 29  129 

CHICAGO 

definition  of  tenement  house  in '.  .  .  13 

height  limitation  in 24,  50  94,  178,  179 

CHICKENS 

keeping  of,  in  dwellings  or  on  premises 
of  multiple-dwellings  prohibited 106  225 

CHILDREN 

kitchenette  apartments  unsuitable  for 33  138 

CHUTES 

for  garbage,  prohibited 105  223 

CIRCUIT  COURT 

definition 144  273 

CISTERNS 

and  wells 99  219 

no  opening  in,  for  drawing  water  with 

pails  or  buckets 99  219 

size,  number,  construction  and  main- 
tenance of,  to  be  determined  by 
health  officer 99  219 

to  be  provided  with  attachment  for 
drawing  water 99  219 

CITIES  HAVING  HOUSING  LAWS vi 

CITY  ENGINEER 

powers  conferred  by  act  on,  addi- 
tional   .- .  .  1 54  282 

CITY  PLANNING  MOVEMENT 

effort  in,  necessary  to  reach  ideal  con- 
ditions   21  80,  338,  339 

CITY  TREASURY 

construction  of  wortis 2  (20)  53,  54 

CITY  WATER 

definition  of .  2  (20)  54,  56 

CLASSES  OF  DWELLINGS 2    (2)  32 

CLASSES  OF  MULTIPLE-DWELLINGS 2    (3)  34 

CLASSIFICATION 

of  provisions  of  model  housing  law 21 

391 


INDEX 

SECTION  PAGE 

CLEANLINESS  OF  DWELLINGS 101  220 

CLOSET 

under  first  story  stairs 60  196 

under  stairs  to  upper  stories  forbidden 60  196 

CLOSET  UNDER  FIRST  STORY  STAIRS 60  196 

CLOSETS 

See  Waler-closets 

CLUB  HOUSES 

included  in  Class  B  multiple-dwellings 2  (3)  34 

COLUMBUS,  OHIO 
definition  of  tenement  house  in 13 

COMBUSTIBLE  MATERIALS 107  226 

storage  of,  prohibited 107  226 

COMMISSIONER  OF  PUBLIC  SAFETY 

construction  of  words 2  (20)  53,  54 

powers  conferred  by  act  on,  additional 154  282 

right  of  entry  given 1 56  283 

COMPLIANCE 

certificate  of.  See  Certificate  of  Com- 
pliance 

time  for,  by  owners  of  existing  dwell- 
ings  ii  67 

CONCESSIONS 

explanation  of,  in  model  housing  law 23 

CONCRETING 

of  areas,  courts  and  yards 45  164 

CONDEMNATION 

of  infected  and  uninhabitable  houses, 

proceedings  for 112,  113  234,  236 

CONFLAGRATION  HAZARD 24  94,  no 

CONSTRUCTION 

before  approval  of  plans,  forbidden 140  263 

dwellings 8  65 

must  be  in  accordance  with  approved 

plans  and  specifications 140  263 

permit  for,  cancellation  of 140  263 

permit  for,  expiration  by.  limitation 140  263 

permit  necessary 140  263 

unlawful,  procedure  to  prevent 144  27 1 

CONSTRUCTION  OF  ACT  TO  BE  LIBERAL 159  287 

CONSTRUCTION  OF  CERTAIN  WORDS 2 '(20)  53 

CONTACT  DISEASES 

relation  of,  to  lodger  evil 1 1 1  231,  232 

CONVENTS 
included  in  Class  B  multiple-dwellings 2  (3)  34 

CONVERSION 

of  building  to  dwelling-. 3  57 

of  dwellings  of  one  to  another  class 3  57,  58,  59 

392 


INDEX 

SECTION  PAGE 

CORNER  AND  INTERIOR  LOTS 2  (8)  43 

CORNER  LOT 

definition 2  (8)  43 

relation  to  several  buildings  on  lot 29  130 

See  also  Lot 

CORNICES .2  (16),  24  50,  51,  107 

CORPORATION  COUNSEL 

construction  of  words 2  (20)  53,  54 

COSTS 

in  actions  or  proceedings  under  this  act.  .  143,  144  269,  271 

of  workingmen's  dwellings,  reduction  of 34  139 

COTTON 

storage  of,  forbidden 107  226 

COURT 

definition 2  (7)  41 

inner,  definition 2  (7)  41 

outer,  definition 2  (7)  41 

COURTS 2  (7),  25  41,  1 13 

access  to  bottom  of 126  258 

and  shafts 126  258 

angles  in 28  1 24 

changes  in  model  housing  law  neces- 
sary to  prohibit 338 

elimination  of,  by  shallow  lots 338 

fire-escapes  in,  forbidden 52,  80  184,  206 

inner,  air-intakes  for 27,  73  121,  201 

inner,  passageways  for 27,  73  121,  201 

method  of  measuring  height 25  1 13 

minimum  size  not  to  be  decreased  by 

other  buildings 29  125 

new,  in  existing  dwellings 73  201 

open  at  top 26,  73  1 19,  201 

size  of 25,  73  113,  201 

table  showing  minimum  widths  and 
lengths  for  various  heights  of  build- 
ings  25  1 16 

to  be  concreted  if  required 45  164 

to  be  graded  and  drained 45  164 

to  be  kept  clean 101  220 

walls  of,  to  be  whitewashed  or  painted 102  221 

width  of 295 

width  proportionate  to  height 25  113 

COURTS,  AREAS  AND  YARDS 21,  45  82,  164 

Cow 

keeping  of,  in  dwelling  or  on  premises 

of  multiple-dwellings  prohibited 106  225 

CUBIC  FEET  OF  AIR  REQUIRED 31,110  134,  229 

CURB  LEVEL -. 2  (15)  50 

definition 2(15)  50 

393 


INDEX 

SECTION  PAGE 

DAMAGE 
to  dwellings 6  62 

DAMPNESS 

provision  for  ventilation  and  protec- 
tion from 44,  125  162,  257 

DAMP-PROOFING 

of  foundation  walls 44,  125  162,  257 

of  lowest  floor 44,  125  162,  257 

DANGEROUS  BUILDINGS 
proceedings  relative  to 112,  113  234,  236 

DANGEROUS  BUSINESSES 108  227 

DECISIONS 

Health  Department  vs.  Rector 98  218 

Tenement  House  Department  vs.  Moeschen.  124  248 

DEFINITION 
of  certain  words 2  (20)  53,  54 

DEFINITIONS 2  30 

DEPARTMENT  CHARGED  WITH  THE  EN- 
FORCEMENT OF  THIS  ACT 
construction  of  words 2  (20)  53,  54 

DEPTH  OF  LOT 
definition .- 2  (9)  43 

DIAGRAMS 
model  housing  law,  explanation  of 22 

DIRT 
accumulations  of,  forbidden 101  220 

DISCRETIONARY  POWER 
in  modifying  provisions  of  act  forbidden 7  62 

DISEASES 
See  Contact  Diseases 

DISTANCE 
between  two  buildings 295 

DISTRICTS 

See  Residence  Districts 

DOOR 
sash,  equivalent  of  window 40  157 

DOORS 

at  bottom  of  shafts  and  courts 126  258 

communicating    between    rooms    for 

cross-ventilation 31  134 

fire-resistive,  to  elevator  shaft 58,  84  193,  207 

self-closing,  to  dumb-waiter  shafts. 58,  84  194,  207 

to  be  kept  clean 101  220 

to  halls  of  dwellings  from  paint,  oil, 

drug  and  liquor  stores  forbidden IQ8  227 

DOUBLE  HOUSE 2  32 

394 


INDEX 

SECTION  PAGE 

DRAINAGE 

of  areas,  courts  and  yards 45  164 

of  basement  rooms 43,  44,  94,  125       161,  162,  213,  257 

DRAINS 49,  78  173,  205 

to  be  kept  clean 101  220 

See  also  House  Drains 

DRIP  TRAYS 
prohibited 47,  78  166,  205 

DRUG  STORES 
doors,  windows  or  transoms  to  halls  of 

dwellings  from,  forbidden 108  227 

DUCKS 

keeping  of,  in  dwellings  or  on  premises 
of  multiple-dwellings  prohibited 106  225 

DUMB-WAITERS 

and  elevators 58,  84  193,  207 

enclosed  in  fire-resistive  shafts 58,  84  193,  207 

fire-resistive  doors  to 58,  84  193,  207 

self-closing  doors  to 58,  84  193,  207 

DUPLEX 
See  Two-Family  Dwelling 

DUPLEX  APARTMENTS 
included  in  Class  A  multiple-dwellings  ...  .2  (3)  34 

DWELLING 2(1)  31 

building  on  same  lot  with 29,  30  125,  126,  130 

construction  of  word 2  (20)  53 

definition 2(1)  31 

definition  of  fire-resistive 2  (17)  51 

definition  of  multiple 2  (2)  32 

definition  of  private 2  (2)  32 

definition  of  two-family 2  (2)  32 

DWELLINGS 

alley 29  1 28 

classes  of 2  (2)  32 

cleanliness  of 101  220 

construction 8  65 

conversion  or  alteration  of  other  build- 
ings to 3  57 

converted  or  altered  from  one  to  an- 
other class 3  57 

damaged 6  62 

dangerous,  proceedings  relative  to 1 12,  1 13  234,  236 

fire-resistive,  when  required 50,  79  178,  206 

height  of,  proportionate  to  width  of 

street 21,  71  75,  200 

ideal  lighting  and  ventilation  of 337,  338 

inspection  of 155  282 

keeping  of  animals  in,  or  on  premises 106  225 

may  be  vacated  if  erected,  altered  or 

occupied  contrary  to  law 4  60 

395 


INDEX 

SECTION  PAGE 

DWELLINGS  (Continued) 

occupation  of  new,  altered  or  con- 
verted, without  certificate  of  com- 
pliance unlawful 141,  142  266,  268 

occupied  without  certificate  of  com- 
pliance to  be  vacated 142  '268 

rear 29  127 

repair  of 97  216 

to  be  cleaned  to  satisfaction  of  health 
officer 101  220 

two  rooms  in  depth 337,  338 

DWELLINGS  HEREAFTER  ERECTED 20-62  71-196 

DWELLINGS  MOVED 5  61 

discretionary  power  in  case  of 5  61 

EARTHENWARE 

house  drains,  prohibited 49,  78  173,  205 

EASEMENT  AGREEMENT  • 

arrangement  for  side  yards . .  .24  95,  103 

EAVES 2(16),  24  50,51,107 

EAVES  AND  CORNICES 

overhanging  side  yards 24  107 

EFFECT 

time  when  act  takes 1 59  286 

EGRESS 127  258 

existing  fire-escapes  to  have  safe  means 
of,  from  yard  or  court  to  street, 

alley,  or  adjoining  premises 127  258 

means  of,  in  case  of  fire,  51,  52,53,80,81,  115,  127,     179,  184,  187,  206 

128,129      207,239,258,260 
municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 7  62 

roof 53,  8 1,  129  187,  207,  260 

second  means  of,  in  Class  A  multiple- 
dwellings  must  be  directly  accessible 
to  each  apartment,  suite  or  group  of 

rooms 51,127  1 79,  2 58 

second  means  of,  in  Class  B  multiple- 
dwellings  must  be  directly  accessible 

to  public  hall 5 1,  127  179,  258 

second  means  of,  may  be  balcony  fire- 
escapes,  additional  inside  or  outside 

stairs,  fire  tower 51,  127  179,  258 

superintendent  of  buildings  shall  order 
such  additional  means  of,  as  may  be 

necessary 128  260 

superintendent  of  buildings  shall  re- 
quire proper  means  of,  in  case  of  ex- 
isting multiple  dwellings 127  258 

two  separate  means  of,  to  extend  from 

entrance  floor  to  roof 51,  127  179,  258 

ELEVATOR 

shafts  to  be  fire-resistive 58,  84  193,  207 

shafts  to  have  fire-resistive  doors 58,  84  193,  207 

396 


INDEX 

SECTION  PAGE 

ELEVATORS 58,  84  193,  207 

in  well-hole  of  stairs  prohibited 58  193 

separated  from  stairs  by  fire-resistive 
walls 58,  84  193,  207 

ELIZABETH  GROUP  HOUSES 24  109 

ENACTING  CLAUSE 
of  model  housing  law 27 

ENFORCEMENT .  153  279 

mayor  to  designate  official  for .  1 53     .  280 

of  act,  State  Board  of  Health  may  ex- 
amine into i  o  67 

of  housing  laws 6 

of  supplementary  provisions 7  63 

records  to  be  kept  by  enforcing  official 153  280 

ENGLISH  LAW 
height  of  buildings 21  80 

ENTRANCE 

outside,  to  cellar  or  lowest  story  re- 
quired   6 1  196 

ENTRANCE  FLOOR 
See  Floor,  Entrance 

ENTRANCE  HALLS 57  193 

See  also  Halls,  Entrance 

ENTRY 
right  of 156  283 

EVICTION 
of  tenant  for  non-compliance  with  act .        111,145  230,274 

EXCAVATION. 
depth  of,  under  entrance  floor 44  162 

EXCELSIOR 
storage  of,  forbidden 107  226 

FALSE  SWEARING 
deemed  perjury 140  263 

FAMILIES 

number  of,  to  be  registered  in  health 
department 148  276 

FEATHERS 
storage  of,  forbidden 107  226 

FEDERAL  GOVERNMENT  STANDARDS 
relation  of  rear  yard  to  height  of  build- 
ings  25  1 15,  1 16 

FEED 
storage  of,  forbidden 107  226 

FILING 

of  agent's  name  for  service  of  process 149  277 

of  certified  copy  of  judgment 146  275 

of  lis  pendens 147  275 

397 


INDEX 

SECTION  PAGE 

FILING  (Continued) 

of  names  and  addressses  of  owner  and 
lessee,  number  of  apartments,  num- 
ber of  rooms  in  each  apartment  and 
number  of  families ' 148  276 

of  plans,  specifications,  plat  of  lot, 

statement  of  ownership,  etc 140  263 

FILTH 
accumulations  of,  forbidden 101  220 

FINES 

for  violation  of  act 143  269 

lien  upon  property 143  269 

FIRE 

dwellings  damaged  by 6  62 

means  of  egress  in  case  of ...    51,52,53,80,81,115  179,184,187,206, 

127,  128,  129  207,239,258,260 
space. around   plumbing  pipes  to  be 

made  air-tight  to  prevent  spread  of 49,  78  173,  205 

FIRE  COMMISSIONER 
permit  required  for  storage  of  com- 
bustible materials 107  226 

FIRE-ESCAPE 
balconies,    covers   over   openings    in, 

prohibited 52,  80  184,  206 

balconies,  lowest,  to  have  drop-ladder 

or  stairs 52,  80,  12.7  184,206,258 

balconies  on  top  floor  to  be  provided 

with  stairs  or  ladder  to  roof 52,  80  184,  206 

balconies,  openings  for  stairways  in ...  52,  80,  127  184,  206,  258 

balconies,  width  of 52,  8c,  127  184,  206,  258 

balcony,  second  means  of  egress 5 1,  127  179,  258 

stairways 52,  53,  80,  81,  127,  129  184,  187,  206,  207, 

258,  260 

FIRE-ESCAPES 52,  80,  1 14  184, 206,  239 

existing,  not  to  be  extended  or  relo- 
cated except  on  approval  of  superin- 
tendent of  buildings 127  258 

existing,  to  be  made  to  conform  to  cer- 
tain requirements 127  258 

existing,  to  have  safe  means  of  egress 
from  yard  or  court  to  street,  alley, 

or  adjoining  premises 127  258 

in  courts  forbidden 52,  80  184,  206 

incumbrance  of 1 14  239 

located  on  each  story 52,  80  184,  206 

may  project  beyond  building  line 52,  80  184,  206 

must  be  constructed  to  sustain  safe 

load 52,  80  184,  206 

obstruction  of  access  to,  forbidden  ....  52,  80,  127  184,  206,  258 

outside  open,  of  iron,  stone  or  concrete 

required 52,  80,  127  184,  206,  258 

outside  stairs  in  lieu  of 52,  80  184,  206 

painting  of 52,  80,  1 14  184,  206,  239 


INDEX 

SECTION  PAGE 

FIRE-ESCAPES  (Continued) 

superintendent  of  buildings  shall  re- 
quire proper,  in  case  of  existing  mul- 
tiple-dwellings   127  258 

supplementary  regulations  of  superin- 
tendent of  buildings  to  govern  con- 
struction of 52,  80  184,  206 

to  be  kept  in  good  repair 114  239 

FIRE  HAZARD 

and  high  pressure  service 21  79 

high  buildings 21  78,  79 

FIRE  LIMITS 
construction  of  words t.  .  .  .2  (20)  53 

FIRE  MARSHAL 
to  enforce  certain  provisions 107,  1 53  226,  280 

FIRE  PREVENTION 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 7  62 

FIREPROOF 

See  Fire-resistive 

FIRE  PROTECTION , 50-62  178-196 

joint  conference  on  fire  tests 2  (20)  54,  56 

FIRE-RESISTIVE 

doors  to  elevator  shaft  and  dumb- 
waiters   58,  84  193,  207 

dwelling,  definition 2  (17)  51 

dwellings,  when  required '.  ...  50,  79  178,  206 

enclosure  of  stair  halls 56  190 

scuttles  or  bulkheads  in  roof 53,  82,  129  187,  207,  260 

self-closing  doors  in  halls 56  190 

shafts  for  elevators  and  dumb-waiters 58,  84  193,  207 

stair  halls 55  189 

FIRE-RESISTIVE  DWELLING 2(17)  51 

definition  of 2  (17)  51 

when  required . 50  178 

FIRE-RESISTIVE  DWELLINGS 79  206 

FIRE-RESISTIVE  MATERIAL 
definition  of 2  (20)  .  54,  56 

FIRE  TOWER 
second  means  of  egress 51,  127  179,  258 

FIRE  UNDERWRITERS'  BUILDING  CODE 2  (17)  52 

FLATS 
included  i    Class  A  multiple-dwellings 2  (3)  34 

FLOOR 

area  of  rooms 33,  74  136,  202 

basement  and  cellar,  to  be  water-tight.  .  .  .44,  125  162,  257 

beneath  and  around  water-closets  and 
sinks  to  be  kept  in  good  order  and 
painted 96,  122,  123  215,  245,  246 

399 


INDEX 

SECTION  PAGE 

FLOOR  (Continued) 

butler's  pantry 122  246 

entrance,  air-space  under,  to  be  en- 
closed   44  1 62 

entrance,  depth  of  excavation  under 44  162 

entrance,  elevation  of,  above  ground 44  162 

.    lowest,     damp-proofing    and     water- 
proofing of 44,  125  162,  257 

to  be  kept  clean 10 1  220 

water  on  each 98  217 

water-closet     compartment,     to     be 

water-proof 47,  78,  124  166,  205,  246 

FLOORS,  STAIR  HALL 
See  Halls,  Stair 

FLUSH  TANKS 
to  be  provided  for  new  water-closets 1 24  246 

FOUNDATION  WALLS 
damp-proofing  and  water-proofing  of 44,  125  162,  257 

FRAME 
See  Wooden 

FRONT 

buildings  and  rear,  space  between 29  125 

line  uniformity,  and  set-backs 21  77,  82 

FRONT  OF  LOT 
definition 2  (9)  43 

FRONT;   REAR;  AND  DEPTH  OF  LOT 2  (9)  43 

FRONT  YARDS 
See  Yards 

FRONTAGE  ON  STREET . .  .29  127-130 

FURNISHED-ROOM  HOUSES 
included  in  Class  B  multiple-dwellings 2  (3)  35 

GARAGES 

and  rear  yard  requirements .  .  .23  92 

permitted  at  rear  of  lot 29,  30  125,  126,  130 

public  prohibited 30  130 

'relation  to  rear  dwelling  prohibition 29  129 

GARBAGE 

accumulations  of,  forbidden 101  220 

receptacles  for 105  223 

GEESE 

keeping  of,  in  dwellings  or  on  premises 

of  multiple-dwellings  prohibited 106  225 

GENERAL  PROVISIONS 1-12  27-68 

GENERAL  TOILET  ROOM 

separate  water-closet  compartments  in .  .  37,  76,  78  147,  204,  205 

supplemental  to  required  water-closets 

not  prohibited :  ...  .47,  78,  92  166,  205,  2 1  i 

GOAT 

keeping  of,  in  dwellings  or  on  premises 
of  multiple-dwellings  prohibited io5  225 

4OO 


INDEX 

SECTION  PAGE 

GOVERNOR 

may  request  State  Board  of  Health  to 
examine  into  and  report  on  enforce- 
ment of  act 10  67 

GRADING 

of  areas,  courts  and  yards 45  164 

GREAT  BRITAIN 

height  limitation  in  England 21  80 

lighting  and  ventilation  practice  in 337 

GROUP  HOUSES 24  109 

GYMNASIUMS 

windows  in  rooms  used  for 31  132 

HABITATION 

basement  rooms  occupied  for  living 

purposes  to  be  fit  for  human 43,  94  161,213 

dwellings  unfit  for  human,  to  be  va- 
cated  112  234 

new  and  converted  dwellings  occupied 
without  certificate  of  compliance 
deemed  unfit  for 141,  142  266,  268 

HALL,  PRESCOTT  F 62  197 

HALLS 

additional,  to  be  constructed  in  accor- 
dance with  provisions  of  Article  II 74  202 

entrance 54,  57  189,  193 

entrance,  access  from,  to  street  or  alley 

through  yard 57  193 

entrance,  construction  of 54,  57  189,  193 

entrance,  width  of 57  189 

public,  and  stairs 54,  83  189,  207 

public,  construction  of 57,  74,  83  189,  202,  207 

public,  definition 2  (10)  45 

public,  lighting    and    ventilation    of 

38,75,90,91,121        152,202,210,244 
public,  second  means  of  egress  must  be 

directly  accessible  to 51,  127  179,258 

public,  size  of  windows  in 39,  75  1 56,  202 

public,  skylights  in 39,  77,  12 1  1 56,  204,  244 

public,  transom,  windows  or  doors  to, 
from  paint,  oil,  drug  and  liquor 

stores  forbidden 108  227 

public,  width  of .  .  . 54,  57,  83  189,  193,  207 

recessed,  deemed  separate  hall 38  152 

stair,  construction  of 54.  55.  57.  74»  83       189,  193,  202,  207 

stair,  definition 2(11)  45 

stair,  fire-resistive 55  189 

stair,  fire-resistive  enclosure  of .  .  . 56  190 

stair,  fire-resistive  self-closing  doors  in 56  190 

stair,  lighting  and  ventilation  of.  40,  75,  90,  91,  121        157,202,210,245 

stair,  size  of  windows 4°,  75  1 57,  202 

stair,  transoms  in,  forbidden 56  190 

stair,  width  of 54,  57,  83  189,  193,  207 

to  be  kept  clean 101  220 

26  401 


INDEX 


SECTION 

HAY 

storage  of,  forbidden 107 

HEALTH 

storage  of  articles  dangerous  to,  for- 
bidden   1 07 

things  dangerous  or  detrimental  to 1 12 

HEALTH  DEPARTMENT 

construction  of  words 2  (20) 

versus  Rector 0,8 

HEALTH  DEPARTMENT  OR  OFFICER 

actions  of,  to  be  regarded  as  judicial 144 

additional  powers  conferred  on,  by  act 1 54 

approval  of  changes  in  plans  by 140 

costs,  expenses  or  disbursements  of,  in 
removal  of  nuisance  to  be  paid  by 
owner  or  person  violating  act,  order 

or  notice 143 

definition 

dwellings  to  be  cleaned  to  satisfaction 

of 101 

examination  and  approval  of  plans  and 

specifications  by 140 

filing  of  lis  pendens  by 147 

filing  of  plans,  specifications  and  state- 
ments for  construction,  alteration  or 

conversion  of  dwellings  in 140 

injunction  against,  not  to  be  granted 

except  upon  three  days'  notice 157 

inspection  of  dwellings  by 155 

may  fix  time  for  compliance  with  act 1 1 

may  institute  proceedings 144 

may  order  and  make  repairs 113 

may  order  cutting  in  of  windows  and 

skylights  or  other  improvements 121 

may  order  dwellings  to  be  vacated  and 
may  revoke  same  or  extend  time  for 

vacation 112 

•   may  require  all-night  lighting  of  public 

halls 91 

may  require  artificial  day  lighting  of 

public  halls 91 

may    require    concreting    of    courts, 

areas  and  yards 45 

may  require  janitor,  housekeeper,  or 
other  responsible  person  to  live  in 

multiple-dwelling 109 

may  require  kalsomining  or  painting  of 

walls  and  ceilings  of  interior  rooms 103 

may  require  open   plumbing  in   new 

dwellings 49 

may  require  plastering  of  cellar  ceilings 125 

may  require  renewal  of  paint  or  white- 
wash on  cellar  walls  and  ceilings 95 

may  require  renewal  of  paint  or  white- 
wash on  walls  of  court 102 

402 


226 


226 
234 


53 
218 


271 
282 
263 


269 
53 

220 

263 
275 


263 

284 
282 
67 
271 
236 

244 


234 
2IO 
210 
164 

228 
222 

'73 
257 

215 
221 


INDEX 

SECTION  PAGE 

HEALTH  DEPARTMENT  OR  OFFICER 
(Continued) 

may  vacate  infected  or  uninhabitable 

dwellings 112  234 

may  vacate  unlawful  dwellings 4,  142  60,  268 

not  required  to  give  undertaking 157  284 

not  to  be  liable  for  costs  in  actions 

brought  under  the  act 144  271 

penalty  for  violation  of  order  or  notice 
of 143  269 

powers  conferred  by  act  on,  additional 154  282 

preliminary  injunction  against 157  ,   284 

privy  vaults,  school-sinks  and  water- 
closets  to  be  removed  and  place  dis- 
infected under  direction  of  health 
officer 1 24  246 

registry  of  agent's  name  in 149  277 

registry  of  owner's  name  and  descrip- 
tion of  property  in 148  276 

revocation  of  approval  or  permit  by 140  263 

right  of  entry  given 1 56  283 

service  of  notices  and  orders  of 150  278 

service  of  summons  in  actions  brought 

by 151  278 

shall  enforce  provisions  of  act 153  279 

shall  file  certified  copy  of  judgment  in 
office  of  county  clerk 146  275 

shall  index  names  and  addresses  filed 152  279 

to  approve  plans  and  specifications  for 
construction,  alteration  or  conver- 
sion of  dwellings 140  263 

to  determine  number  of  catch-basins 100  219 

to    determine  practicability    of  sewer 

and  water  connections 9  65 

to  determine  size,  number,  construc- 
tion and  maintenance  of  cisterns  and 
wells 99  219 

to  determine  size  of  skylights 77  204 

to  enforce  act 153  279 

to  grant  certificate  of  compliance 141  266 

to  prescribe  conditions  under  which 
certain  animals  may  be  kept  on 
premises  with  dwelling 106  225 

when,  may  make  repairs 113  236 

written  consent  of,  to  be  obtained  be- 
fore letting  lodgings 1 1 1  230 

written  permit  of,  necessary  for  con- 
struction or  maintenance  of  water- 
closets  in  cellar 47,  92  166,  211 

written  permit  of,  necessary  for  occu- 
pation of  basement  rooms  for  living 
purposes 94  213 

HEALTH  OFFICER 

construction  of  words 2  (20)  53 

discretion  of,  as  to  lodgers,  roomers 
and  boarders in  230 

403 


INDEX 

SECTION  PAGE 

HEALTH  OFFICER  (Continued) 

party  to  easement  agreement. 24  95,  104 

See  also  Health  Department 

HEIGHT. 2  (14), 21,71  49,  75,  200 

definition 2(14)  49 

high  buildings,  shadows  cast  by 21  80,  8 1 

limitation,  and  zoning  laws 21  77,  78 

of  apartment  houses  limited 21,  23  77,  78,  93,  94 

of  basement  rooms 44,  94  162,  2 1 3 

of  courts 25  113 

of  dwellings  in  Chicago 50  179 

of  dwellings  proportionate  to  width  of 

street 21,71  75,  200 

of  rooms 34,  74  1 39,  1 4 1 ,  202 

HEIGHT  OF  BUILDINGS 
commission's  report 21  78,  79 

HIGH  BUILDINGS 
and  fire  hazard 21  78,  79 

HIGH  ROOMS 
advantages  of -. 34  1 39 

HINGED  SASH 2  (12)  46 

HOOKS 

movable,  allowed  on  scuttles  and  bulk- 
heads   129  260 

HOPPER  CLOSETS 
long,  prohibited 49,  78,  124  173,205,246 

HORSE 

not  to  be  kept  on  premises  except 
under  conditions  prescribed  by 
health  officer 106  225 

HOSPITALS 
included  in  Class  B  multiple-dwellings 2  (3)  34 

HOTEL 2  (4)  36 

definition 2  (4)  36 

HOTELS 

and  side  yard  requirements 24  108 

exempted  from  rear  yard  provisions 22  83 

included  in  Class  B  multiple-dwellings 2  (3)  34 

in  residence  districts.  .  . 24  109 

inside  bath  rooms  in 37  148,  149,  1 50 

relation  of  Zoning  Act  to 21  76 

ventilation    and    lighting    of    public 

halls.  . , 37,38,39  150-156 

HOUSE 
construction  of  word 2  (20)  53 

HOUSE  DRAINS 
tile  or  earthenware,  prohibited 49,  78  173,  205 

HOUSEKEEPER 
when  necessary 109  228 

404 


INDEX 

SECTION  PAGE 

HOUSES 
continuous   rows   or   terraces   of,    on 

different  size  lots 294,  302,  303,  304, 

305,  328-334 

detached,  on  different  size  lots 294-302,  305-327 

double 2  32 

semi-detached 2  32 

two  main  groups 294 

HOUSING 

methods  for  providing  good 6,  7 

HOUSING  EVILS 

extent  of 1 6 

legislation  effective  remedy  for 5,6,  7 

present 5 

HOUSING  LAW 

an  ideal 337,  338 

difference     between,    and     tenement 

house  law 14,15,16 

difficulty  of  preparing 20 

effort  to  secure  model  tenement  house 

law  instead  of,  sometimes  wise 23 

ideal 337,  338 

ideal,  consideration  of 23 

inadequacy  of  short 21 

model,  adaptation  to  local  conditions 21 

model,  application  of 27 

model,  arguments  against 293 

model,  caution  to  those  using : 23,  24 

model,  changes  in,  generally  disastrous 23,  24 

model,  changes  in,  necessary  to  pro- 
hibit courts  and  shafts 338,  339 

model,  classification  of  provisions  of 21 

model,  effect  of  on  building  operations 293 

model,  enacting  clause 27 

model,  explanation  of  notes,  diagrams, 

concessions,  and  variations  in 22,  23 

model,  how  to  use '9~24 

model,  importance  of  following  strictly 22,  23,  24 

model,  no  modification  of 7  62 

model,  practicability  of 293 

model,  purpose  of 19,  20 

model,  scope  of. 12         14,  1 5,  16,  20,  68 

model,  title  of 27 

HOUSING  LAWS 1 1-16 

basis  for,  in  United  States 19 

local  variations  in •      19,  20 

HOUSING  LEGISLATION 

aim  of  housing  reformer 14,  15,  16 

HOUSING  PROBLEM 

conditions  constituting 4,  5 

many  sided , 4,  7 

405 


INDEX 

SECTION 

HOUSING  PROBLEM  (Continued) 

report  of  Mayor  of  Boston 62  197 

solution  of,  dependent  on  conception 

of  housing  reform 3 

types  of  buildings  included  in 13,  14,  15,  16 

HOUSING  PROBLEMS  IN  AMERICA 62  197,  233 

(National  Housing  Association  Publications) 

HOUSING  REFORM 

incentive  to  take  up 5 

results  test  of  methods  in 

through  attractive  houses 5 

building  code 11,12 

cheap  houses 3 

development  of  Garden  Cities 5 

education 5 

example 5 

intelligent  city  planning 5 

legislation 3-7, 1 1-16 

more  houses 4 

rapid  transit 3,  4,  5 

stimulation  of  country  life 5 

tenement  house  legislation 12,  13,  14 

wise  management 5 

HOUSING  REFORM.     By  Lawrence  Veiller 55,  62 

HOUSING  REFORM  THROUGH  LEGISLATION 3-7 

How  TO  USE  THE  MODEL  LAW 19-24 

HUMAN  HABITATION 
See  Habitation 

IDEAL  HOUSING  LAW,  AN 337~339 

IMPRISONMENT 
for  violation  of  act 143  269 

IMPROVEMENTS 

compulsory 120-129  240-260 

health  department  may  order  and  make.  113,  121  236,  244 

INCUMBRANCE 

of  fire-escapes ...114  239 

scuttles,  bulkheads,  ladders  and  stairs 

to  be  kept  free  from 1 1 5,  129  239,  260 

INDEXING  NAMES 152  279 

INFECTED  AND  UNINHABITABLE  DWELL- 
INGS TO  BE  VACATED 112  234 

INFECTED  HOUSES 
proceedings  for  vacation  of 1 12  234 

INFLUENZA 
its  relation  to  lodger  evil 1 1  L  231 


INJUNCTION;  UNDERTAKING ..157  284 

406 


INDEX 

SECTION  PAGE 

INNER  COURTS 21  82 

See  also  Courts 

INSIDE  BATH  ROOMS  FOR  APARTMENT  HOUSES.  .  .37  150,  151 

INSIDE  BATH  ROOMS  PROHIBITED 
discussion  of 37       147,  148,  149,  150 

INSIDE  STAIRS 
See  Stairs 

INSPECTION  OF  DWELLINGS 155  282 

INSPECTOR  OF  BUILDINGS 

construction  of  words 2  (20)  53 

existing  fire-escapes  not  to  be  extended 

or  relocated  except  on  approval  of 127  258 

may  require  hinged  scuttles 129  261 

powers  conferred  by  act  on,  additional 154  282 

prohibited  from  issuing  permit 140  264 

shall  order  such  additional  means  of 

egress  as  may  be  necessary 128  261 

shall  require  proper  means  of  egress  in 

case  of  existing  multiple-dwellings 127  258 

supplementary  regulations  of,  to  gov- 
ern construction  of  fire-escapes 52,  80  184,  206 

to  enforce  certain  provisions  of  act 153  279 

INTAKES 
See  Air -intakes 

INTERIOR  LOT 

definition 2  (8)  43 

See  also  Lot 

INTERIOR  ROOMS 
See  Rooms 

JAILS 

included  in  Class  B  multiple-dwellings.. 2  (3)  35 

size  of  cells  in 33  136,  137,  138 

JANITOR  OR  HOUSEKEEPER 109  228 

JOINT  CONFERENCE  ON  FIRE  TESTS 2  (20)  54,  56 

JUDGMENT 

copy  of,  to  be  filed  in  County  Clerk's 

office 146  275 

to  establish  penalty  as  lien 146  275 

JUDICIAL 

actions  of  health  officer  to  be  regarded 

as..  ..144  271 

JUNK 

storage  and  handling  of,  forbidden 106  225 

KALSOMINING 
of  walls  and  ceilings 103  222 

407 


INDEX 


KEY-LOCKS 

to  be  removed  from  roof  bulkheads 
and  scuttles. . 


...129 


KITCHENETTE  APARTMENTS 

included  in  Class  A  multiple-dwellings 2  (3) 

social  disdvantage  of 33 

unsuitable  for  children 33 

KITCHENETTES 
size  of 33 


LADDERS 

leading  to  roof  bulkheads  or  scuttle.  .  53,  81,  115, 

129 
to  scuttle  or  bulkheads  to  be  easily 

accessible  to  all  occupants 1 1 5,  129 

to  scuttle  or  bulkhead  to  be  kept  free 
from  incumbrance 115,  129 

LAKE 

definition 2  (2 1 ) 

LAW  OF  "ANCIENT  LIGHTS" 

height  limitation  in  England 21 

LAWS 

See  Act;   English  Law;  Housing  Law; 
Tenement  House  Law 

LAWS  BASED  ON  MODEL  LAW 

LAWS  EXISTING 
dwellings  to  conform  with 8 

LAWS  REPEALED 1 58 

LEADERS 
rain,  necessary 97 

LEAKY  ROOFS 97 

LEASE 

cancellation  of  tenant's  for  non-com- 
pliance with  regulation in 

LEGAL  DECISIONS 

Health  Department  vs.  Rector 98 

Tenement  House  Department  vs.  Moeschen.  .  124 

LEGAL  PROVISIONS." 140-1 59 

LEGISLATION 

enforcement  of 

housing  reform  through 

kind  of,  required  for  housing  reform 

See    also    Housing    Law;      Tenement 
House  Law 

LESSEE 
may  file  agent's  name  for  service  of 

process 149 

of  whole  house  to  register  name  and 

address 148 

408 


26 1 

I1 38 

136, 137, 138 

187,207,239,260 

239,  261 
239,  261 

57 
80 

vi 

65 
285 

216 
216 

230,231 

218 
248 

262-289 

6 

3-7,  11-16 
1 1-16 


277 
276 


INDEX 

SECTION  PAGE 

LIEN 
fine  for  violation  of  act  or  order  of 

health  officer,  upon  property 143  269 

LIENS 146  275 

LIFE 

storage  of  articles  dangerous  to,  for- 
bidden   1 07  226 

LIGHT 

and  height  limitation 21  80,  8 1 

and  ventilation 20-41  71-1  58 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to .  .  .7  63 

LIGHTING 

ideal,  of  dwellings 337,  338 

night,  of  halls  and  stairs ' .' 91  210 

night,  of  water-closet  compartments 47,  78  166,  205 

of  alcoves  and  alcove  rooms 35>75»?6  141,202,204 

of  basements 43,44,94  161,  162,213 

of  bath  rooms 37,  76  147,204 

of  cellars 44,  125  162,257 

of  halls  and  stairs  by  day 90  210 

of  interior  rooms 120  240 

of  public  halls 38,  75,  90,  91,  121  152,202,210,244 

of  rooms. 31,  32,  35,  75,  76,  120  132,  135,  141,202, 

204,  240 

of  stair  halls 40,75,90,91,  121  157,202,210,244 

of  water-closet  compartments.  .37,  47,  76,  78,  124  147,  166,204,205, 

246 

walls  and  ceilings  to  be  kalsomined 
or  painted  white  if  necessary  to  im- 
prove   103  222 

LIQUOR  STORES 

doors,  windows  or  transoms  to  halls 
of  dwellings  forbidden 108  227 

Lis  PENDENS 147  275 

LIVING  ROOMS 

access  to 36  145 

in  basement,  conditions  of  occupancy 43,94  161,  213 

in  cellar,  prohibited 42,  94  161,213 

LOCKING 
of  scuttle  or  bulkhead  door  forbidden  .  .  .  .115,  129  239, -261 

LOCKS 
key,  to  be  removed  from  scuttles  and 

bulkheads 129  261 

LODGER  EVIL 
difficulty  of  coping  with ...in  23 1, 232 

LODGERS  PROHIBITED in  230 

LODGING  HOUSES 

included  in  Class  B  multiple-dwellings 2  (3)  34 

409 


INDEX 


LODGINGS 
letting  of,  in  dwellings  without  consent 

of  health  officer  prohibited 

occupant  responsible  for  compliance 

with  provisions  relating  to 

owner  responsible  for  compliance  with 

provisions  relating  to 

LOT 

building  on  same,  with  dwelling 29 

construction  of  word 2  (20) 

corner,  definition 2  (8) 

definition 2 

front,  rear  and  depth  of,  definition 2(9) 

method  of  placing  houses  on 24 

percentage  of,  permitted  to  be  occupied 20,  70 

plat  of,  to  be  submitted  with  plans  and 
specifications,  for  approval  of  health 
officer 140 

LOTS 

corner  and  interior,  definition 2  (8) 

different   size,    development   of  each 

kind  of  building  on 

shallow,  required  for  ideal  lighting  and 

ventilation  conditions 

MAINTENANCE 90-1 15 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 7 

unlawful,  procedure  to  prevent 144 

MANDATORY  PROVISION  OF  ACT 2(20) 

MAYOR 

construction  of  word 2  (20) 

to  designate  official  for  enforcement 153 

MEANS  OF  EGRESS 51 

See  also  Egress 

MENACE  OF  THE  "THREE-DECKER" 62 

METHODS 
results  test  of,  in  housing  reform 

MINIMUM  REQUIREMENTS;  LAW  NOT  TO 
.  BE  MODIFIED 7 

MISDEMEANOR 

violation  of  act  is  a 143 

MIXED  OCCUPANCY 2  (5) 

definition 2(5) 

MODEL  HOUSING  LAW 
See  Housing  Law,  Model 

MODEL  TENEMENT  HOUSE  LAW,  A.    By 

Lawrence  Veiller 

See  also  Tenement  House  Law,  Model 

4IO 


230 
230 
230 

125 
53 
43 
30 
43 
99 
71,200,295 

263 

43 
293-334 

99.  337-  338 

210-239 

62 
271 

53 


53.  54 
280 


196,  197 

7 
62 

269 

37 
37 

'9 


INDEX 

SECTION  PAGE 

MODIFICATION 

of  law  forbidden 7  62 

MOESCHEN  CASE 124  248 

MULES 

keeping  of,  prohibited 106  225 

MULTIPLE-DWELLINGS 
alteration   or   conversion   of  wooden 

buildings  to,  prohibited 62  196 

Class  A,  definition 2  (3)  34 

Class  B,  definition 2  (3)  34,  35 

classes  of 2  (3)  34 

construction  of  word 2  (20)  53 

definition 2  (2)  32 

different  provisions  for  Classes  A  and  B.  .  .  .2  (3)  36 
enlargement  •  of   existing,    except   for 
water-closets  or  bath  rooms,   pro- 
hibited   85                             207 

erection  of  wooden,  prohibited 62  196 

existing  wooden  buildings  on  same  lot 
with,  within  fire  limits,  not  to  be  en- 
larged   86  208 

wooden  buildings  not  to  be  placed  on 

same  lot  with,  within  fire  limits 86  208 

MUNICIPAL  AUTHORITIES 

action  of,  not  to  modify,  repeal, 
amend,  or  dispense  with  any  pro- 
vision of  act 7  62 

may  make  and  enforce  supplementary 

provisions  to  act 7  62 

NAME 

of  agent  may  be  registered 149  277 

of  lessee  of  whole  house  to  be  registered 148  276 

of  owner  to  be  registered 148  276 

NAMES 

indexing,  and  addresses 1 52  279 

NATIONAL     BOARD    OF    FIRE    UNDER- 
WRITERS  2 (17)  52 

NATIONAL   FIRE   PROTECTION  ASSOCIA- 
TION   2(17)  52 

NATIONAL  HOUSING  ASSOCIATION  PUB- 
LICATIONS  62  197 

NEW  COURTS  IN  EXISTING  DWELLINGS 73  201 

NEW  DWELLINGS 

occupation  of,  without  certificate  of 

compliance  unlawful 141,  142  266,  268 

occupied  without  certificate  of  com- 
pliance to  be  vacated 142  268 

permit  necessary 140  263 

provisions  relating  to 20-62  71-196 

411 


INDEX 

SECTION  PAGE 

NEW  ENGLAND 

"three-deckers"  in 62  196,  197 

NEW  YORK 

definition  of  tenement  house  in 13 

NIGHT-LIGHTING 

of  halls  and  stairs 91  210 

of  water-closet  compartments 47,  78  166,205 

NOTES 

explanation  of,  in  model  housing  law 22 

NOTICES 
service  of 150  278 

NUISANCE 2  (19)  53 

abatement  of,  procedure  for 1 12,  1 13,  144  234,  236,  271 

definition 2(19)  53 

from  water  to  adjacent  buildings 97  •                    216 

smoke,  in  cities 20  71 

OCCUPANCY 

change  in 4  60 

change  in,  of  dwellings  erected  subse- 
quent to  act,  in  violation  thereof, 
forbidden 4  60 

mixed,  definition 2  (5)  37 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 7  62 

partial,  permits  for. 141  267 

OCCUPANT 

responsible  for  compliance  with  pro- 
visions relating  to  lodgers 1 1 1  230 

to  keep  dwellings  clean 101  220 

to  provide  receptacles  for  garbage, 
ashes,  rubbish  and  refuse 105  223 

OCCUPANTS 

duties,  as  to  cleanliness  of  dwellings 101  220 

scuttles,  bulkheads,  ladders  and  stairs 
to  be  easily  accessible  to .  1 1 5,  129  239,  260 

OCCUPATION 

of  basement  rooms  for  living  purposes 43,  94  161,213 

of  cellar  rooms  for  living  purposes  pro- 
hibited   42,  94  161,213 

of  interior  rooms 120  240 

of  new  or  converted  dwelling  without 

certificate  of  compliance  unlawful 141,  142  266,268 

percentage  of  lot  allowed  for 20,  70  71,  200, 295 

unlawful,  procedure  to  prevent.  .  . 144  271 

OCCUPIED 

construction  of  word 2  (20)  53 

OCCUPIED  SPACES 2  (16)  50 

definition 2(16)  50 

OPEN  PLUMBING 

required 49,  78  1 73,  205 

412 


INDEX 

SECTION  PAGE 

OPEN  SPACE 

between  buildings  on  same  lot 29  125 

table  showing,  requirements 295 

"OPEN"  STAIRS 56  191 

OPERATIONS 

building,  effect  of  act  on .  293 

ORDERS 

service  of 150  278 

ORDINANCES 

construction  of  word 2  (20)  53 

inconsistent  with  act  repealed 1 58  285 

local,  conflict  with 7  63,  65 

not  to  modify  minimum  requirements 
of  act 7  62 

OUTDOOR  WATER-CLOSETS 

prohibited 47,  78,  124  166,  205,  246 

OUTER  COURT 

See  Court 

OUTSIDE  PORCHES .- 41  1 58 

See  Porches,  Outside 
OUTSIDE  STAIRS 

in  lieu  of  fire-escapes 52,  80  184,  206 

second  means  of  egress 51,  127  179,  258 

OUTSKIRTS  OF  CITIES 

application  of  law  to i  29 

OVERCROWDING 1 10  229 

and  contact  diseases 1 1 1  231 

OWNER 

may  file  agent's  name  for  service  of 

process 149  277 

registry  of  name  of 148  276 

responsible  for  compliance  with  pro- 
visions relating  to  lodgers 1 1 1  230 

to  file  plans  for  new  buildings  or  al- 
terations   140  263 

to  keep  dwellings  clean 101  220 

to  paint  or  whitewash  walls  of  courts 102  221 

to  pay  costs  in  removal  of  nuisance 143  269 

to    provide    receptacles   for   garbage, 

ashes,  rubbish  and  refuse 105  223 

OWNERSHIP 

statement  of,  names  of  interested 
parties  and  residences  to  be  filed 
with  plans " 140  263 

PAINTING 

of  cellar  walls  and  ceilings 95  215 

of  fire-escapes 52,  80,  1 14  184,  206,  239 

of  surfaces  beneath  and  around  water- 
closets  and  sinks 96,  122,  123  215,245,246 

of  walls  and  ceilings 103  222 

of  walls  of  courts 102  22 1 

413 


INDEX 

SECTION  PAGE 

PAINT  STORES 

doors,  windows  or  transoms  to  halls 
of  dwellings  from,  forbidden 108  227 

PAN  CLOSETS 

prohibited 49,78,124  173,205,246 

PAPER 

See  Wall  Paper 

PAPER  STOCK 

storage  of,  forbidden 107  226 

PARK 
definition 2  (21)  57 

PART  STORY 
definition 2(13)  46 

PARTITIONS 
for  water-closet  compartments 47,  78,  124  166,  205,  246 

PASSAGES 
to  be  kept  clean 101  220 

PASSAGEWAYS 
for  inner  courts 24, 27,  73  109,  121,201 

PENALTIES  FOR  VIOLATIONS 143  269 

PENALTY 
judgment  to  establish,  as  lien 146  275 

PENDING  SUIT 
notice  of 147  275 

PERCENTAGE  OF  LOT  OCCUPIED 20,70        71,200,295,296 

PERJURY 
false  swearing  deemed 140  263 

PERMIT 
cancellation   of,    for   alterations   and  • 

construction 140  263 

expiration  by  limitation  of,  for  altera- 
tions and  construction 140  263 

for  lodgers,  roomers  and  boarders 1 1 1  230 

for  occupation  of  basement  rooms. 94  213 

for  partial  occupancy 141  267 

for  storage  of  combustible  materials 107  226 

to  commence  new  buildings  or  make 
alterations 140  263 

"PHILADELPHIA  Row"  HOUSE 24  109 

PIPES 

space   around   plumbing,    to   be   air- 
tight  49,78  173,205 

PIVOTED  SASH 2  (12)  46 

PLANNING  SUNLIGHT  CITIES 21  80 

PLANS 
alterations  and  construction  must  be 

in  accordance  with  approved 140  263 

414 


INDEX 

SECTION  PAGE 

PLANS  (Continued) 
alterations  before  approval  of  plans 

forbidden 140  263 

certificate  of  approval  of,  to  be  issued 140  263 

changes  in,  to  be  approved  by  health 

department 140  263 

may  be  amended 140  263 

not  to  be  removed  from  health  de- 
partment   140  263 

plat  of  lot  to  be  filed  with .  140  263 

showing  practicability  of  act 293-334 

to  be  examined 140  263 

to  be  filed  by  owner,  agent  or  architect 140  263 

to  be  public  records 140  263 

to  conform  to  acts  and  ordinances 140  263 

PLASTERING 
of  cellar  ceiling 125  257 

PLUMBING 49  173 

fixtures,  enclosure  of,  prohibited 49,  78  173,  205 

fixtures  to  be  trapped 49,  78,  124  173,  205,  246 

open,  required 49,  78  173,  205 

pipes,  space  around,  to  be  made  air- 
tight   49,  78  173,  205 

pipes  to  be  exposed 49,  78  173,  205 

sanitary,  required .49,  78,  124  173,  205,  246 

system  to  be  connected  with  public 
sewer  and  city  water  supply  before 

occupation 48  1 72 

to  be  in  accordance  with  plumbing 

regulations 49,78,  124  173,205,246 

PLUNGER  CLOSETS 
prohibited 49,  78,  124  173,  205, 246 

POLICE  POWER 
welfare  clause  of 24  1 1 1 

PORCHES 

outside,  definition 41  158 

outside,  diminishing  light  and  ventila- 
tion, prohibited 41  1 58,  1 59 

POSTING 
of  notices,  orders  or  summons,   and 

mailing  copy  thereof,  lawful  service.  ..  150,  151  278 

POWERS  CONFERRED.  . 154  282 

PRACTICABILITY 
of  model  housing  law 293 

PREMISES 
construction  of  word 2  (20)  53 

PRIVACY 36  145 

PRIVATE  DWELLING 
definition 2  (2)  32 

415 


INDEX 

SECTION 

PRIVIES 
to  be  kept  clean 101 

PRIVY  VAULTS 

prohibited 48,  124 

substitution  of  water-closets  for 124 

temporary  use  of 9 

PRIVY     VAULTS,    SCHOOL     SINKS     AND 

WATER-CLOSETS . 124 

PROCEDURE.  . 144 

PROCEEDINGS 

costs  of 143,  144 

for  removal  of  nuisances 112,  113,  144 

for  vacation  of  infected  and  uninhabit- 
able houses 1 12,  1 13 

to  prevent  conduct  of  unlawful  busi- 
nesses  144 

PROCESS 
filing  of  agent's  name  for  service  of 149 

PROHIBITED  USES 106 

PROPERTY  DIVISIONS 
changes  in,  necessary  for  ideal  light- 
ing and  ventilation  of  dwellings. 

PROVISIONS 

applicable  to  alteration  of  dwellings 70-86 

applicable  to  new  dwellings 20-62 

enforcement  of,  of  act 153 

fire  protection 50-62 

for  multiple-dwellings  of  Classes  A  and  B. .  .2  (3) 

general 1-12 

improvement 120-129 

legal 140-1 59 

light  and  ventilation 20-41 

maintenance 90-1 1 5 

not  to  be  modified 7 

of  act,  to  govern  in  all  cases 1 58 

of  other  acts  repealed 158 

sanitary 42,  49 

windows 2  (12) 

PUBLIC  HALL 2  (10) 

definition ....2(10) 

PUBLIC  HALLS 38 

lighting 90,  91 

See  also  Halls,  Public 

PUBLIC  HALLS  AND  STAIRS 
lighting  and  ventilation  of 38,  39,  121 

PUBLIC  RECORDS 

indexes  of  names  and  addresses  to  be i  52 

plans  and  specifications  to  be 140 

PUMPS 
and  tanks  to  be  provided 98 

416 


172,246,247 

246 

65,66 

246 
271 

269,271 
234,236,271 

234-236 
271 

277 
225 


337.338 

200-208 

71-196 

279 

178-196 
36 

27-68 

240-260 

263-286 

71-158 

210-239 

62 

285 

285 

161-173 
46 

45 
45 
152 

210 


152-156,244 


279 

263 


217 


INDEX 

SECTION  PAGE 

PUNISHMENT 
for  violation  of  act 143  269 

PURPOSE 
of  model  housing  law 19,  20 

RAGS 
storage  and  handling  of,  forbidden 1 06,  107  225,  226 

RAILROAD  RIGHT  OF  WAY 2  (21)  57 

RAIN  LEADERS 97  216 

RAVINE 
definition 2  (21)  57 

REAR 
buildings  and  front,  space  between 29  125,  127 

REAR  OF  LOT 
definition 2  (9)  43 

REAR  YARDS 

table  showing  depths  required.  . 23  91,295 

See  also  Yards 

RECEPTACLES  FOR  ASHES,  GARBAGE  AND 

RUBBISH 105  223 

RECESSED  HALL 
deemed  separate  hall 38  152 

RECORDS 

public,  plans  to  be 140  263 

public,  indexes  of  names  and  ad- 
dresses to  be 152  •  279 

to  be  kept  by  enforcing  official 153  280 

REFORM,  HOUSING 
See  Housing  Reform 

REFUSE 

receptacles  for .  105  223 

REGISTRY 

of  names  and  addresses  of  agent, 
owner  and  lessee,  number  of  apart- 
ments, number  of  rooms  in  each 

apartment  and  number  of  families ....  148,  149  276,  277 

REGULATIONS 

construction  of  word 2  (20)  53 

for  lodgers,  roomers  and  boarders 1 1 1  230-234 

local,  not  to  modify  -minimum  re- 
quirements of  act 7  62 

plumbing 49,  78,  124  173,  205,  246 

REMEDIES 140-1 59  263-286 

REMOVAL  OF  DWELLING 
places  it  under  provisions  of  act  re- 
lating to  new  dwellings 5  6 1 

RENT 
not  recoverable  when  new  or  converted 

dwellings  are  occupied  unlawfully 142  268 

27  417 


INDEX 


REPAIR 
fire-escapes  to  be  kept  in  good 114  239 

REPAIRS 97  216 

to  buildings,  etc 113  236 

when,  may  be  made  by  health  officer 113  236 

REPEAL 1 58  285 

of  minimum  requirements  of  law  for- 
bidden   7  62 

REPORT  OF  HEIGHT  OF  BUILDINGS  COMMISSION  .  .21  78,79 

REQUIREMENTS 

and  remedies :  140-1 59  263-286 

provisions  of  act,  minimum 7  62 

RESIDENCE  DISTRICTS 376 

exceptions  permitted  in 29  125 

hotels  in 24  1 09 

how  abolished 376 

how  established 376 

restrictions  governing • 376 

RESPONSIBILITY 
tenant's 145  274 

RESULTS 
in  housing  reform,  test  of  methods 7 

RIGHT  OF  ENTRY 1 56  283 

RIGHT  OF  WAY 
railroad 2  (21)  57 

RISERS,  STAIR 

See  Stairs,  Construction  of 

RiVEK 

definition...,,    '. 2(21)  57 

ROOF  BULKHEADS 
See  Bulkheads 

ROOF  EGRESS 
See  Egress,  Roof 

ROOF    EGRESS;     SCUTTLES    AND    BULK- 
HEADS  53  187 

ROOF  EGRESS;    SCUTTLES,  BULKHEADS, 
LADDERS  AND  STAIRS 129  260 

ROOF  STAIRS 81  207 

ROOFS 

to  be  kept  clean 101 

to  be  kept  in  good  repair  and  not  to 

leak 97  216 

ROOMERS 

embracing  lodgers  and  boarders ,.3  57 

regulation  of in  230-234 

taking  of,   effect  on  classification  of 

dwelling 3  57 

418 


INDEX 

SECTION  FACE 

ROOM  OVERCROWDING 
and  contact  diseases 1 1 1  231 

ROOMS 

additional,  to  be  constructed  in  accor- 
dance with  provisions  of  Article  II 74  202 

air  space  required  in 1 10  229 

alcove,  lighting  and  ventilation  of 35,  75,  76  141,  202,  204 

basement.     See  Basement 
cellar.     See  Cellar 

height  of 34,  74  139,  202 

interior,  lighting  and  ventilation  of 120  240 

interior,  location  of  windows  in 120  240 

interior,  occupation  of 120  240 

interior,  skylights  for 120  240 

lighting  and  ventilation  of.  .  31,  32,  35,  75,  76,  120      132,  135,  141,  202, 

204,  240 

minimum  height  of 34.  74  '39,  202 

minimum  width  of 33,  74  136,  202 

not  to  be  overcrowded 1 10  229 

number  of,  in  each  apartment  to  be 

registered  in  health  department 148  276 

size  of 33,  74  1 36,  202 

subdivision  of  existing 76  204 

to  be  kept  clean 101  220 

walls  and  ceilings  of  inner,  to  be  kal- 
somined  or  painted  white  to  improve 

lighting,  if  required  by  health  officer 103  .  222 

windows  in,  location  of 3 1,  76  132,  204 

windows  in,  size  of 32,  76  135,  204 

ROOMS  AND  HALLS 
lighting  and  ventilation  of 75  202 

Row  DWELLINGS 
not  prohibited 24  96 

RUBBISH 

accumulation  of,  forbidden. 101  220 

receptacles  for 105  223 

RULING 

of  local  authorities  not  to  modify  mini- 
mum requirements  of  act 7  62 

SANITARY  PLUMBING  REQUIRED 49,78,  124  173,205,246 

SANITATION 42-49  161-173 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 7  62 

SASH 

casement 2  (12)  46 

hinged 2(12)  46 

pivoted 2(12)  46 

storm.  .  .  2  (12)  46 

SASH  DOOR 
equivalent  of  window 40  157 

4IC) 


INDEX 

SECTION  PAGE 

SAWYER  PARK 
group  houses 24  109 

SCHOOL-SINKS 
substitution  of  water-closets  for 124  246 

SCOPE 

of  Act 1,12  27,  68 

of  building  code 1 1,  12 

of  model  housing  law 14,  15,  1 6,  20 

SCUTTLES 

roof,  access  to,  shall  be  direct 53,  129  187,  260 

fireproof 53,  82,  129  187,  207,  260 

hinged,  may  be  required  by  super- 
intendent of  buildings -. 129  260 

key-locks  on,  to  be  removed 129  260 

location  of,  in  rooms  forbidden 129  260 

locking  of,  forbidden 1 1 5,  129  239,  260 

movable  bolts  or  hooks  allowed  on 129  260 

size  of 53,  129  187,  260 

stair  leading  to.  .  , 53,  8 1,  115,  129       187,207,239,260 

to  be  easily  accessible  to  all  occu- 
pants  1 1 5,  129  239,  260 

to  be  kept  free  from  incumbrance 115,  129  239,  260 

to  be  located  in  ceiling  of  public  hall ....  53,  129  187,  260 

SCUTTLES,    BULKHEADS,    LADDERS   AND 

STAIRS 115  239 

SEMI-DETACHED  HOUSE 2  32 

SEPTIC  TANKS 9,  124  66,  247 

SERVICE 

of  notices,  orders,  and  summons ....  143,  1 50,  1 5 1  269, 278 

of  process,  filing  of  agent's  name  for 149  277 

SET-BACKS 
uniformity  of  front  line 21  77,  82 

SEWAGE 

provisions  for  disposal  of 9,48,  100,  124        66,  172,  219,  246 

SEWER 

catch-basins    to    be    provided    where 

there  is  no,  system 100  219 

connection 48  1 72 

SEWER  CONNECTIONS'. 9  65,  66 

and  water  supply 9  65 

practicability   of,   decided   by   health 

officer 9  65 

to  be  made  within  certain  time  limit 124  246 

where  provisions  of  act  relative  to, 

apply .-9  65 

SHADOWS  CAST  BY  TALL  BUILDINGS 21  80,81 

SHAFTS 

access  to  bottom  of 126  258 

and  courts 126  258 

420 


INDEX 

SECTION  PAGB 

SHAFTS  (Continued) 

construction  of 58,  84  193,  207 

doors  at  bottom  of 126  258 

elimination  of,  by  shallow  lots 337,  338 

fireproof  doors  to 58,  84  193,  207 

fireproof,  for  dumb-waiters  and  ele- 
vators  58,  84  193,  207 

self-closing  doors  to 58,  84  193,  207 

SHEEP 

keeping  of,  in  dwelling  or  on  premises 
of  multiple-dwellings,  prohibited 106  225 

SHIPPING  BOARD  DEVELOPMENT 24  109 

SHORT  TITLE  AND  APPLICATION i  27 

SIDE  YARDS 24  94 

covering  over  on  ground  floor 24  1 10 

Federal  Government  Standards 24  97,  101 

requirements  for  hotels 24  108 

table  showing  widths  required 24  101,  295 

See  also  Yards 

SINK 

in  each  apartment,  suite  or  group  of 

rooms 46  1 66 

SINKS 122  245 

school 124  246 

school,  substitution  of  water-closets  for 124  246 

surfaces  beneath  and  around,  to  be 

kept  in  good  order  and  painted 96,  122  215,245 

wooden,  prohibited -.  .  .49,  78  173,  205 

woodwork  under 96,  122  215,  245 

SIZE 

of  courts 25,29,  73  1 13,  125,201,295 

of  roof  bulkheads  and  scuttles. 53,  129  187,  260 

of  rooms 33,  74  136,  202 

of  skylights 77  204 

of  water-closet  compartments 47,  78  166,  205 

of  windows 94  213 

See  also  Windows 

of  yards 22,24,29,72  82,94,  125,200,295 

SKYLIGHTS 77  204 

health  department  may  order  cutting 
in  of 121  244 

in  interior  rooms 120  240 

in  public  halls 39,  77,  121  156,204,244 

ventilating,  may  be  used  in  water- 
closet  compartments  on  top  floor  of 
existing  dwellings 37,  78  147,  205 

SMOKE  NUISANCE 

in  cities 20  71 

SOLUTION  OF  HOUSING  PROBLEM 

See  Housing  Problem;  Housing  Reform 

421 


INDEX 


SPACE 

around  plumbing  pipes  to  be  air-tight 49,  78 

between  buildings.  .  . 24,  29 

table  showing  open,  requirement 

underneath  sinks  and  water-closets  to 

be  kept  open. '.,.  122,  123 

unoccupied,     between     buildings    on 

same  lot 29 

SPACE  BETWEEN  ADJACENT  BUILDINGS 
See  Side  Yards 

SPACES 
occupied,  definition 2  (16) 


SPECIFICATIONS 
approved,  alterations  and  construction 

must  be  in  accordance  with 140 

may  be  amended ; 140 

not  to  be  removed  from  health  de- 
partment      140 

plat  of  lot,  to  be  filed  with  plans  and 140 

to  be  examined 140 

to  be  filed  by  owner,  agent  or  architect.  . 

to  be  public  records 

to  conform  to  acts  and  ordinances .  . 


SQUARE 

SQUASH  COURTS 
windows  in  rooms  used  for 

STABLE 

in  dwelling,  or  on  premises,  prohibited . 
on  rear  of  lot  permitted  in  certain  cases, 
public,  prohibited 

STAIR  ENCLOSURES.  . 


140 

140 

140 

..2(21) 


30,  1  06 

29,  30 

30 

56 


PAGE 
173,205 

94,  125,295 
295 

245,246 
125 


263 

263 

263 
263 
263 
263 
263 
263 

57 


132 


1  30,  22  5 

125,  126,  130 

130 

190 


STAIR  HALLS  .....................  .-.  .  .  .2  (i  i  ,  55  45,  189 

See  also  Halls,  Stair 

STAIRS 

additional   inside  or  outside,   second 

means  of  egress  ...........  '.  .........  51,127  1  79,  2  58 

and  public  halls  ...........................  54  189 

bulkheads  to  have,  with  guide  or  hand- 

rail ...................................  129  260 

cellar,  inside,  prohibited  ....................  59  194 

closet  under,  to  upper  stories  forbidden  ........  60  196 

construction  of  .........................  54,  55  '89 

elevators  in  well-hole  of,  prohibited  ..........  58  193 

elevators  separated  from,  by  fire- 

resistive  walls  ........................  58,  84  193,  207 

from  entrance  floor  to  roof  ..................  54  189 

leading  to  roof  bulkhead  or  scuttle.  53,  54,  8  1,  115,      187,  189  207,  239, 

129  260 

"open"  ..................................  56  191 

outside,  in  lieu  of  fire-escapes  ............  52,  80  184,  206 

roof,  not  to  be  removed  or  replaced 

with  ladder  .............................  8  1  207 

422 


INDEX 

SECTION  PAGE 

STAIRS  (Continued) 

scuttle  or  bulkhead,  to  be  easily  ac- 
cessible to  all  occupants 1 1 5,  129  239,  260 

to  be  kept  free  from  incumbrance 1 1  5,  129  239,  260 

to  be  kept  clean .» 101  220 

winding,  prohibited 54  189 

wooden  hand-rails  to 55  189 

STAIRWAYS 83  207 

fire-escape 52,  53,80,  81,  127,  129      184,  187,206,207, 

258,260 

STANDARDS 

higher,  to  govern  in  conflicting  laws 7,  1 58  63,  65,  285 

STANDARDS  OF  FEDERAL  GOVERNMENT 

as  to  side  yards • 24  97,  I o  i 

STATE  BOARD  OF  HEALTH 10  67 

a  request  of  governor  shall  examine 

into  and  report  on  enforcement  of 

act 10  67 

may  examine  into  enforcement  of  act 10  67 

STATES  HAVING  HOUSING  LAWS vi 

STATUTES 
inconsistent  with  act  repealed 158  285 

STORAGE 

and  handling  of  rags  and  junk  for- 
bidden  106  225 

of  articles  dangerous  to  life  or  health 

forbidden 107  226 

of  combustible  materials  prohibited 107  226 

of  cotton,  excelsior,  feathers,  feed,  hay, 
paper  stock,  rags  and  straw  for- 
bidden   107  226 

STORES 

paint,  oil,  drug  and  liquor,  doors,  win- 
dows or  transoms  to  halls  of  dwell- 
ings from,  prohibited 108  227 

STORM  SASH 2  (12)  46 

STRAW 

storage  of,  forbidden 107  226 

STREET 

construction  of  word 2  (2 1 )  56 

width  of,  to  regulate  height  of  dwelling 21,71  75,  200 

STUDIO  APARTMENTS 
included  in  Class  A  multiple-dwellings 2  (3)  34 

SUBDIVISION 
of  existing  rooms 76  204 

SUIT  PENDING 

notice  of.' 147  275 

SUMMER  HOUSES 29  127 

423 


INDEX 

SECTION  PAGE 

SUMMONS 

service  of ,5I  378 

SUNLIGHT 

and  city  planning 21  80 

relation  to  orientation 21  8 1 ,  82 

volume  in  rooms,  in  relation  to  height 

of  windows 21  82 

SUPERINTENDENT  OF  BUILDINGS 
See  Inspector  cf  Buildings 

SUPPLEMENTARY  PROVISIONS 

municipal   authorities   empowered   to 

enact  and  enforce  certain  ones 7  62 

SUPREME  COURT 
injunction  against  health  department 

granted  only  by 157  284 

SWAN,  HERBERT  S 21  80 

SWEARING 
false,  deemed  perjury 140       .  263 

SWIMMING  POOLS 
windows  in  rooms  containing 31  132 

SWINE 

keeping  of,  in  dwellings  or  on  prem- 
ises of  multiple-dwellings  prohibited 106  225 

TABLES  SHOWING  OPEN  SPACE  REQUIRE- 
MENTS  24  101, 295 

TABLES  SHOWING  SIDE  YARD  AND  REAR  YARD.  . . .  295 

TANKS 

and  pumps  to  be  provided 98  217 

See  also  Flush  Tanks 

TAXPAYER 

may  bring  action  for  enforcement  of 

act 153  279 

TENANT 

eviction  of,  for  non-compliance  with 

act 1 1 1,  145  230,  274 

See  also  Occupant 

TENANT'S  RESPONSIBILITY 145  274 

TENEMENT  HOUSE 

definition *  13 

TENEMENT  HOUSE  LAW 

difference  between,  and  building  code 1 1,  12,  13 

difference  between,  and  housing  law 14,  1 5,  16 

effort  to  secure,   instead  of  housing 

law  sometimes  wise 23 

scope  of 12,  13,  14 

TENEMENT  HOUSE  LAWS 1 1-16 

424 


INDEX 

SECTION  PAGE 

TENEMENT  HOUSE  REFORM 
See  Housing  Reform 

TENEMENT  HOUSES 

height  of  rooms  in 34  141 

included  in  Class  A  multiple-dwelling 2  (3)  34 

wooden 62  196 

"THREE-DECKERS" 

in  Chicago  and  New  England 62  196,  197,  198 

menace  of 62  196,  197 

THROUGH  VENTILATION 31  132,  134 

TILE 

house  drains,  prohibited 49,  78  173,  205 

TIME 

for  compliance 1 1  67 

when  act  takes  effect i  59  286 

TITLE 

of  model  housing  law 27 

TOILET  ROOM 

general,    supplementary    to    required 

water-closets,  not  prohibited 47,  78,  92  166,  205,  2 1 1 

TOWER 

fire,  second  means  of  egress 51,127  1 79,  2 58 

TOWN 

definition  of 2  (20)  54 

TRANSOMS 

for  cross-ventilation 31  132,  134 

in  stair  halls  forbidden 56  190 

to  halls  of  dwellings  from  paint,  oil, 

drug  and  liquor  stores  forbidden 108  227 

TRAPPING 

of  plumbing  fixtures  required 49,  78,  124  173,  205,  246 

TRAYS 47,  78  1 66,  205 

See  Drip  Trays 

TREADS,  STAIR 

See  Stairs,  Construction  of 

TROPICAL  COUNTRIES 

increased  ceiling  height  necessary  in 34  139 

TUTTLE,  GEORGE  W 21  80 

TWO-FAMILY  DWELLING 

construction  of  words 2  (20)  53 

definition 2    (2)  32 

TYPES 
buildings  included  in  housing  problem 13,  14,  1 5,  16 


UNDERTAKING 
not  necessary  for  health  department 

to  give 157  284 

425 


INDEX 

SECTION  PAGE 

UNINHABITABLE  HOUSES 

proceedings  for  vacation  of 112  .  234 

UNITED  STATES 
basis  for  housing  laws  in 19 

UNITED  STATES  BUREAU  OF  STANDARDS 2  (20)  54,  56 

UNLAWFUL  BUSINESSES 
procedure  to  prevent  conduct  of 144  271 

UNLAWFUL  OCCUPATION 142  268 

USE 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 7  62 

USED 

construction  of  word 2  (20)  53 

USES 
prohibited 106  225 

VACATION 

health  department  may  extend  time  for....  112  234 

of  dwellings  erected,  altered  or  occu- 
pied contrary  to  law 4  60 

of  dwellings  unfit  for  human  habitation 112  234 

of  new  and  converted  dwellings  occu- 
pied without  certificate  of  compliance.  ...  142  268 

of  premises,  procedure  for 112,  113,  144  234,  236,  271 

VALIDITY  OF  LAW 1 59  286 

VARIATIONS 

explanation  of,  in  model  housing  law 23 

local,  in  housing  laws 19,  20 

VAULTS 

privy,  prohibited 48,  124  172,  246 

substitution  of  water-closets  for 124  246 

temporary  use  of 9  65,  66 

VEILLER,  LAWRENCE 

A  Model  Tenement  House  Law 19 

Housing  Reform 55.  62 

VENTILATING  SKYLIGHTS 77  204 

in  public  halls 39,  77,  12 1  1 56,  204,  244 

VENTILATION 

and  light 20-41  71-158 

artificial,  inadequacy  of 37  148,  149,  1 50 

cross 31  132,  134 

ideal,  of  dwellings 337>  33® 

municipal  authorities  may  enact  sup- 
plementary ordinances  relative  to 7  62 

of  alcoves  and  alcove  rooms 35,  75,  76  141,  202,  204 

of  basement 43,  44,  94  164,  166,213 

of  bath  rooms 37>  76  '47.  2O4 

of  cellars ..44,125  162,257 

426 


INDEX 

SECTION  PACK 

VENTILATION  (Continued) 

of  interior  rooms 120  240 

of  public  halls 38,  75,  12 1  i  52,  202,  244 

of  rooms 31,  32,  35,  75,  76,  120  132,  135,  141,  202, 

204,  240 

of  stair  halls 40,  75,  121  157,  202,  244 

of   water-closet    compartments,    sky- 
lights permitted 37,  78  1 47,  205 

outside  porches  diminishing,  prohibited 41  158 

space  under  entrance  floor 44  162 

through 31  132,134 

VILLAGE 

definition  of 2  (20)  54 

VIOLATIONS 

penalties  for 143  269 

procedure  for  prevention  of,  of  act 144  271 

WALL-BEDS 41  A  160 

WALL  PAPER 104  222 

WALLS 

and  ceilings  of  rooms 103  222 

around  water-closets  and  sinks  to  be 

kept  in  good  order  and  painted. ..  .96,  122,  123  215,245,246 

foundation,  damp-proofing  and  water- 
proofing of 44  162 

no  paper  to  be  placed  on,  until  old 

paper  is  removed 104  222 

of  cellar,  to  be  painted  or  whitewashed 95  215 

of  courts,  to  be  painted  or  whitewashed 102  221 

of  rooms,  to  be  kalsomined  or  painted 

white 103  222 

roofs  to  be  drained  so  as  not  to  cause 

dampness  in 97  216 

to  be  cleaned  before  papering 104  222 

to  be  kept  clean 101  220 

WASH-BOWL 

in  each  apartment,  suite  or  group  of 

rooms 46  166 

WASH-TRAYS 

wooden,  prohibited 49,  78  173,  205 

WATER 

See  City  Waier 

WATER-CLOSET 

accommodations 47,  78,  93  1 66,  205,  2 1 2 

compartments,  access  to 36  145 

base  and  floors  to  be  water-proof.  .  .47,  78,  124  166,  205,  246 

in  general  toilet  room 37,  76,  78  147,  204,  205 

lighting  and  ventilation  of.  .  .37,  47,  76,  78,  124  147,  166,  204,  205, 

246 

new,  on  top  floor  of  existing  dwellings 78  205 

partitions  for 47,  78,  124  166,  205,  246 

size  of 47,  78  166,  205 

ventilation 37  147 

427 


INDEX 

SECTION  PAGE 

WATER-CLOSET  (Continued) 

defective  or  antiquated,  fixtures  replaced 78  205 

general,  accommodations  in  cellar  prohibited.  .92  211 

WATER-CLOSETS 123  246 

and  sinks 96  215 

flush  tanks  to  be  provided  for  new 124  246 

for  basement  rooms 94  213 

general  toilet  room,  supplemental  to 

required,  not  prohibited 47,  78,  92  166,  205,  2 1 1 

in  cellar,  prohibited  without  written 

permit 47,  78,  92  166,  205,  211 

location  of 47,  78  166,  205 

number  of,  in  multiple-dwellings.  .47,  78,  93,  124      166,  205,  212,  246 

outdoor,  prohibited 47,  78,  124  166,  205,  246 

pan,  plunger  and  long-hopper,  pro- 
hibited  49,  78,  124  173,  205,  246 

substitution  of,  for  privy  vaults,  school 

sinks,  cesspools  or  other  receptacles 124  246 

surfaces  beneath  and  around,   to  be 

kept  in  good  order  and  painted 96,  123  215,  246 

to  be  kept  clean 101  220 

to  be  open 47,  78  166,  205 

woodwork  enclosing,  forbidden 47,  78  166.  205 

woodwork  under 96,  123  215,  246 

WATER  CONNECTIONS 

practicability  of,  decided  by  health  officer 9  65 

WATER  SUPPLY 46,  98,  99  166,217,  2I9 

city,  required  for  multiple-dwellings 48  172 

distribution  of 98,99  217,  219 

in  each  apartment,  suite  or  group  of  rooms.  ..  .46  166 

to  be  directly  accessible  to  each  family 98  217 

where  provisions  of  act  relative  to,  apply 9  65 

WATER-PROOF  BASE 
and    floor   required    for   water-closet 
compartment.  .  . 47,  78,  124  166,  205,  246 

WATER-PROOFING 

of  foundation  walls 44,  125  162,  257 

of  lowest  floor 44,  125  162,  257 

WELFARE  CLAUSE  OF  THE  POLICE  POWER 24  1 1 1 

WELLS 

and  cisterns 99  219 

no  opening  in,  for  drawing  water  with 

pails  or  buckets 99  219 

size,  number,  construction  and  main- 
tenance of,  to  be  determined  by 
health  officer 99  219 

to  be  provided  with  attachment  for 
drawing  water 99  219 

WHAT  KINDS  OF  HOUSES  CAN  BE  BUILT 

UNDER  THE  MODEL  LAW 293-334 

428 


INDEX 


WHEN  TO  TAKE  EFFECT. 


159 


286 


WHITEWASHING 

of  cellar  walls  and  ceilings • 95  215 

of  walls  of  courts 102  22 1 

WIDTH  OF  COURTS 

proportionate  to  height 25  113 

WlLLIAMSPORT  DEVELOPMENT .24  109 

WINDING  STAIRS 

prohibited 54  189 

WINDOW 

sash  door  equivalent  of 40  157 

WINDOWS 

casement  sash 2(12)  46 

health  department  may  order  cutting 

in  of 121      .  244 

in  basement  rooms,  size  of 94  213 

in  bath  rooms 37,  76  147,  204 

in  interior  rooms,  location  of 120  •  240 

in  interior  rooms,  size  of 120  '      240 

in  public  halls 121  244 

in  public  halls,  location  of 38  i  52 

in  public  halls,  size  of ; 39.  75  156,  202 

in  rooms 32  135 

in  rooms,  location  of 21,  31,  76  82,  132,  204 

in  rooms,  size  of 32,  76,  120  135,  204,  240 

in  stair  halls,  size  of 40  157 

in  water-closet  compartments.  .37,  47,  76,  78,  124     147,  166,  204,  205, 

246 

in  water-closet  compartments,  size  of  .  .37,  76,  78  147,  204,  205 

location  of,  in  rooms  used  for  art  gal- 
leries, gymnasiums,  squash  courts, 

swimming  pools 31  132 

provisions  for 2  (12)  46 

supplementary,  on  side  yards 24  109 

to  be  kept  clean 101  220 

to  halls  of  dwellings,  from  paint,  oil, 

drug  and  liquor  stores  forbidden 108  227 

two  desirable  for  each  room 31  132 

WINDOWS  AND  SKYLIGHTS  FOR  PUBLIC 

HALLS 39  156 

WINDOWS  FOR  STAIR  HALLS 

size  of 46 


WOODEN 

boarding  houses: 85 

building 2  (18) 

buildings,  definition 2  (18) 

buildings,  alteration  or  conversion  of, 

to  multiple-dwellings  prohibited 62 

not  to  be  placed  on  same  lot  with 
multiple-dwellings  within  fire 
limits 86 

429 


157 

208 
52 

52 

,96 
208 


INDEX 

SECTION  PAGE 

WOODEN  (Continued) 

on  same  lot  with  multiple-dwell- 
ings not  to  be  enlarged.' 86  208 

enlargements    of    existing,    multiple- 
dwellings,  except  for  water-closets 

or  bath  rooms,  prohibited 85  207 

erection   of,    multiple-dwellings,    pro- 
hibited  62  196 

hand-rails  to  stajrs 55  189 

multiple-dwellings  forbidden 85  207 

sinks  and  wash-trays  prohibited 49,  78  173,  205 

sleepers  and  floors  in  stair  halls  pro- 
hibited  55  189 

tenement  houses 62  196,  197,  198 

WOODEN  BUILDINGS  ON  SAME  LOT  WITH 

A  MULTIPLE-DWELLING 86  208 

WOODWORK 

enclosing  plumbing  in,  forbidden 49,  78  173,  205 

enclosing  sinks  and  water-closets  to  be 

removed 122,  123  245,  246 

enclosing  water-closets  in,  forbidden 47,  78  166,  205 

WORKINGMAN'S  DWELLING 

reducing  cost  of 34  139 

YARD 

front,  definition 2  (6)  37 

rear,  definition 2  (6)  37 

side,  definition 2  (6)  37 

water-closets  prohibited 124  246 

YARDS 2  (6),  22  37,  82 

access  to 22,  57  82,  193 

definition 2  (6)  37 

front,  not  required 22  84 

garage  and  rear  yard  requirements 23  92 

minimum  size  of,  not  to  be  decreased 

by  any  building 29,  72  125,  200 

proportionate  size  of 295 

rear,  size  of 22  82 

relation  of  rear  to  height  of  building 25  1 15,  1 16 

relation  to  alleys 22  87 

side,  not  required  for  new  dwellings 24  94 

side,  size  of 24,  72        94,  1 10,  200,  295 

size  of 22,  24,  29,  72          82,  94,  125,  200 

table  showing  depths  required  to  rear 23  91 

to  be  concreted  if  required 45  164 

to  be  graded  and  drained 45  164 

to  be  kept  clean 101    .  220 

YORKSHIP  VILLAGE 

group  houses 24  109 

ZONING  LAWS 

conflict  with 7,  1 58  63,  286 

control  of  store  buildings  by 29  127 

height  limitation 21  77,  78 

relation  of  hotels  to 21  76 

430 


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